SHYAMAL MALLIK Vs. MAMTA DAS

JUDGEMENT

(1.) In WP227 No.837/2019 the petitioner is challenging the order dated 22- 10-2019 in Case No.71A/2017 by which the learned Judge, Family Court, Korba has rejected the application filed by the petitioner under Section 151 of the CPC praying for deferred hearing on the application pending for DNA examination. In WP227 No.839/2019 the petitioner is challenging the same order by which the application filed for DNA examination regarding parentage of respondent No.2 has been allowed.

(2.) It is submitted that the respondents have filed a civil suit under Section 7 of the Family Court Act praying for relief of declaration that respondent No.2 is illegitimate child of the petitioner/applicant and respondent No.1. The applicant is contesting the suit and in support of his pleading he filed an application praying for deferred hearing of DNA test application regarding parentage of respondent No.2, which has been arbitrarily dismissed by the learned Family Court.

(3.) It is further submitted that the application of the respondents has been allowed at a very early stage. Both the parties have opportunity to lead evidence and prove their case in accordance with provisions of law. In Goutam Kundu Vs. State of West Bengal and Anr. (supra) it is held that courts cannot order DNA test as a matter of course for the reason that the husband has opportunity to disprove the contention of the other side by bringing evidence rebutting presumption under Section 112 of the Evidence act and also that nobody can be compelled to submit himself to DNA test. Hence, the order impugned is against the provisions of law and also the established principles of law. Hence, the petitions be allowed and the impugned orders be set aside.