SHANKAR VERMA Vs. VIDYA VERMA

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 4/1/2019 passed by the Family Court Bemetara in Civil Suit No. 9-A/2017 wherein the application filed by the wife under sec. 9 of the Hindu Marriage Act for restitution of conjugal rights was allowed. Hence this appeal by the husband.

(2.) The brief facts of the case are that the parties have entered in wedlock on 22/4/2016. Out of such wedlock, a child was born on 20/10/2016. Since it was a premature birth, the child was admitted to hospital. After two months of treatment, the child was discharged and thereafter the wife joined the company of husband. However, since February 2017, the behavior of the in-laws towards the wife became strange and she along with child was forcibly left at her maternal home in village Jhhal. Subsequently, the wife came to know that the child was subjected to DNA without the consent of the mother and it was alleged that the child begotten to them and the husband was not a biological father, as such, dispute arose. The wife further contended that since the husband wanted a divorce as he is in love affairs with a lady outside the marriage, she was forcibly left at maternal home. Thereafter the wife filed a report at Women Police station Bemetara where she came to know that DNA test got conducted on the child by applying wrong method without following the legal norms.

(3.) The husband in his reply to the application u/s. 9 pleaded that the marriage took place on 22/4/2016, the Gowna rituals was performed on 18/5/2016 and thereafter within a period of 5 months, a child was born on 22/10/2016. It is further pleaded that the child was further subjected to DNA test and it was found that he was not biological father. Consequently, the child was left along with the mother at her parental place.