RAMKANYA BAI Vs. BHARATRAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Judgment and order dated 26th of June, 2008 passed by the High Court of Madhya Pradesh at Indore Bench in IA No. 803 of 2007, which arose in a pending first appeal, which has been the filed against the Judgment and order dated 7th of December, 2006 passed by the Additional District and Sessions Judge, District Mandsor, Madhya Pradesh. In the impugned order in the pending first appeal, the High Court had directed DNA test of the child of the parties to be performed.

(3.) The facts leading to the filing of this appeal in this Court are as follows :- The marriage of the wife/appellant was solemnized with the husband/respondent on 20th of April, 1999. But after some time, the husband/respondent started harassing the wife/appellant on various issues and she was subjected to cruelty and eventually, she was turned out of her matrimonial home. In the year 2004, the husband/respondent filed an application being HMA No. 7(C) of 2004 under Section 13 of the Hindu Marriage Act in the Court of Additional District and Sessions Judge, District Mandsor, Madhya Pradesh. However, a child was born in the month of November, 2004 to the parties. The parties entered appearance and issues were framed and finally, the trial Court, by its Judgment and decree dated 7th of December, 2006, dismissed the petition filed by the husband/respondent against which, the husband/ respondent had filed an appeal before the High Court of Madhya Pradesh at Indore Bench under Section 28 of the Hindu Marriage Act. As noted hereinearlier, the said appeal is pending decision in the High Court.