X Vs. Z

JUDGEMENT

(1.) The main question which craves for an answer is as to whether the petitioner can resist the request of respondent No. 1 for directing the Pathology Department of the All India Institute of Medical Sciences, New Delhi to prepare a slide containing the blood cells of respondent No. 1 and calling for the slides and blocks of the case relating to the petitioner and order a DNA test with a view to ascertain if respondent No. 1 is the father of the foetus. The petitioner's claim is that such an order would infringe has constitutional right of her privacy.

(2.) . The present application under consideration arises as a result of the following facts. The petitioner has filed a petition for dissolution of marriage on the ground of cruelty and adultery against respondent No. 1 under Section 10 of the Indian Divorce Act. The said petition is being contested on the ground of counter- allegations of similar nature.

(3.) . Respondent No. 1, by virtue 6f I.A. 3804/99 contends that case of the petitioner is that respondent No. 1 had adulterous affair with respondent No. 2 and the respondent No. 1 on the contrary asserts that petitioner had adulterous affairs with one Jose Thomas, which resulted in petitioner being on family way. It is now not much in issue between the parties whether the pregnancy of the petitioner^ which was admitted a tubular pregnancy was terminated on 30.12.1994 at All India Institute of Medical Sciences. Respondent No. 1 asserts that he has come to know that records and slides of tubular gestation of the petitioner have been reserved in All India Institute of Medical Sciences. The slides are kept under Hospital Registration No. 415330. It contains cells of aborted foetus and therefore, while respondent No. 1 asserts that he is not the father of the same, he seeks that a DNA test would also be beneficial and it would establish as to who is the father of the aborted foetus. With these assertions, it has been claimed that the pathology department of the All India Institute of Medical Sciences be directed to prepare the slides containing the blood cells of respondent No. 1 and Court should call for slides and blocks of the case relating to operation of the petitioner and send it for test (DNA test).