SRI B S SRINIVAS Vs. SMT. NEELAMMA @ MANASA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to set aside the order dtd. 21/5/2025 passed on I.A.No.III in Crl.Misc.No.227/2024 on the file of Prl. Judge, Family Court, Raichur.

(2.) The factual matrix of the case is that, petitioner is the husband of respondent No.1 and their marriage was solemnized on 25/5/2022 and out of the wedlock, they begotten a child, namely, Anushka, now aged about 1 year. Subsequently, due to the matrimonial dispute, a petition was filed by respondent No.1-wife under Sec. 125 of Cr.P.C. for grant of maintenance. In the said case, after entering the appearance of respondent i.e., petitioner herein, filed the application-I.A.No.III under Ss. 39 and 116 of BSA, 2023 r/w Sec. 12 of Family Courts Act, to conduct DNA test of the child. Hence, this petition.

(3.) It is the contention of the learned counsel for the petitioner that, though the petitioner has not denied the marital status, however, child-Anushka was not born to the petitioner. The petitioner and respondent No.2 were lived together for few days and there was no continuous cohabitation between them. As such, he suspected the paternity of the child. Hence, he filed I.A.No.III before the Family Court, however, the same was rejected without considering the same in right perspective. Hence, prays to allow the petition.