ABHISHEK SARKAR Vs. DIPIKA MANDAL

JUDGEMENT

(1.) This Petition has been filed for the following reliefs:-

(2.) Facts of the case in brief are that the Petitioner and Respondent are husband and wife whose marriage was solemnized on 24/1/2022 at Dallirajhara, District Balod. The wife along with her minor son has filed an application for grant of maintenance under Sec. 125 CrPC before the trial Court and in the said proceeding, the husband has also filed an application for conducting DNA test while denying the paternity of the child, which was dismissed by the order impugned. Hence this Petition.

(3.) Shri Tiwari submits that the learned Family Court has wrongly dismissed the application filed by the husband for conducting DNA test. He further submits that in the reply filed by the husband, at para-13, a specific defence has been raised that the relationship was made with protection, therefore, when the paternity of the minor son is doubtful, the application ought to have been allowed. He placed reliance on Sharda vs. Dharmpal reported in (2003) 4 SCC 493 and referred to para-81, which reads as under:-