REGENT COMPUTRONICS PVT. LTD.

ROHIT SHEKHAR Appellant

V/S

SHRI NARAYAN DUTT TIWARI Respondents

Referred Judgements :-

KARTICK CHANDRA DASS VS. SABITA DAS [REFERRED TO]
R. V. STILLMAN [REFERRED TO]
R. V. S.A.B. [REFERRED TO]
SULABAI VS. JAGANNATH & ANR. [REFERRED TO]
GOUTAM KUNDU VS. STATE OF WEST BENGAL [REFERRED TO]
KANTI DEVI VS. POSHI RAM [REFERRED TO]
SHARDA VS. DHARMPAL [REFERRED TO]
SHYAM LAL ALIAS KULDEEP VS. SANJEEV KUMAR [REFERRED TO]
SELVI VS. STATE OF KARNATAKA [REFERRED TO]
BIPINCHANDRA SHANTILAL BHATT VS. MADHURIBEN B BHATT [REFERRED TO]
JAMSHED VS. STATE OF U P [REFERRED TO]
M VIJAYA VS. CHAIRMAN AND MANAGING DIRECTOR SINGARENI COLLIERIES COMPANY LIMITED [REFERRED TO]
HARGOVIND SONI VS. RAMDULARI [REFERRED TO]
VASU VS. SANTHA [REFERRED TO]
NINGAMMA VS. CHIKKAIAH [REFERRED TO]
THOGORANI ALIAS K DAMAYANTI VS. STATE OF ORISSA [REFERRED TO]
VEERAN VS. VEERAVARMALLE [REFERRED TO]
MAHIPAL MADERNA VS. STATE OF RAJASTHAN [REFERRED TO]
SWATI LODHA VS. STATE OF RAJASTHAN [REFERRED TO]
SULABAI VS. JAGANNATH [REFERRED TO]

JUDGEMENT

(1.) The present application displays a blatant refusal by a party to the litigation to comply with the court direction made in accordance with law to furnish a blood sample for DNA testing which would enable authoritative adjudication on the real issue in the matter. For this purpose, the defendant no. 1 has filed IA No. 10394/2011 dated 30th May, 2011 seeking the following prayers :-

(2.) Before considering the application on the merits of the submissions made before this court, it is necessary to consider certain essential facts which emerge from the record.

(3.) The plaintiff has filed the suit inter alia seeking declaration that the plaintiff is the naturally born son of the defendants and that the defendant no.1 is the father of the plaintiff. It is asserted that, though he was born to Smt. Ujjwala Sharma, defendant no. 1 whilst her marriage to Sh. B. P. Sharma subsisted, the plaintiff was not born from their wedlock. Reliance in this behalf has been placed on the report of blood samples drawn from Shri B.P. Sharma and DNA profiling which have been compared with the DNA profiling of the plaintiff's blood sample which report reflects that Sh.B.P. Sharma cannot be his (the plaintiff's) biological father. Besides the report, the plaintiff also relies upon a joint affidavit by himself and Sh.B.P. Sharma stating that such blood samples were furnished voluntarily and the admission by Sh.B.P. Sharma in the divorce petition filed by him and Smt. Ujjawala Sharma-defendant no.2.

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ROHIT SHEKHAR Vs. SHRI NARAYAN DUTT TIWARI

Referred Judgements :-

JUDGEMENT

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