LAWS(DLH)-2016-8-50

W Vs. H & ANR

Decided On August 26, 2016
W Appellant
V/S
H And Anr Respondents

JUDGEMENT

(1.) By way of the instant appeal under Section 19 of the Family Court Act, 1984, the appellant wife assails the order dated 28th January, 2016 passed by the Principal Judge, Family Courts, New Delhi in HMA No.223/2015 whereby the trial court allowed an application under Section 151 of the CPC moved by the respondent no.1 husband seeking a DNA test of the appellant and the minor child.

(2.) Before examining the impugned order, we propose to notice the essential facts which emerge from the family court record and give rise to the present appeal. Marriage between the appellant and the respondent no.1 was solemnised on 3rd December, 2007 in accordance with Hindu rites and ceremonies at the Ashoka Hotel, Chanakyapuri, New Delhi.

(3.) At the time of the marriage, H - respondent no. 1 was serving as an officer of the Indian Administrative Services (IAS) in the Nagaland Cadre and was posted at District Mokokchung, Nagaland while the appellant was residing with her parents, continuing her studies, and preparing for the civil services examination. The appellant also qualified the IAS examination in the year 2009 and was allotted the U.P. Cadre of the Indian Administrative Services. On this basis, the respondent no.1 applied for change of cadre and, in the middle of June, 2011, was relieved of his charge in Nagaland and was posted as District Magistrate in Lakhimpur, Kheri District in U.P.