RAMNARAYAN RAJE Vs. VIKRAM SINGH

JUDGEMENT

(1.) This petition has been brought under Article 227 of the Constitution of India, seeking indulgence of this Court to set-aside the impugned order dated 13.12.2017, passed by the Additional Principal Judge, Family Court, Durg in Civil Suit No. 160-A/2010, by which the application for DNA examination to determine the paternity of the respondent has been dismissed.

(2.) Petitioner has filed a civil suit against the respondent seeking declaration that respondent is not the son of the petitioner/plaintiff along with other reliefs. The suit has been contested by the respondent and it is claimed that he is the son of the petitioner/plaintiff. During the pendency of the civil suit, the petitioner moved an application on 16.11.2016 praying for DNA examination to determine the paternity of the respondent, which was opposed by respondent. The learned Family Court has dismissed the application on this ground that the respondent can not be compelled to submit to DNA examination.

(3.) It is submitted by the learned counsel for the petitioner, that looking to the relief that has been claimed by the petitioner/plaintiff for declaration that respondent is not his son, there is requirement of proof for which, DNA test is necessary. It is clearly pleaded by the petitioner that birth of respondent is not the result of his cohabitation with the mother of the respondent. It is submitted that the learned Family Court has placed reliance on the judgment of Supreme Court in case of Gautam Kundu Vs. State of West Bengal, 1993 AIR(SC) 2295 . The views expressed by the Supreme Court in this case, is not a fortified view. It is submitted that in case of Bhabani Prasad Jena Vs. Convenor Secretary, Orissa State Commission for Women and Anr., 2010 8 SCC 633 , even though the parties had not consented the Court ordered for DNA test. In case of Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik and Anr., in Cr.A. No.24 of 2014 decided 06th of January, 2014, it has been held that result of DNA test is considered as scientifically accurate. Section 112 of the Evidence Act only provides for presumption.