LAWS(GJH)-2015-7-121

PANDYA HASHMUKHBHAI AMBALAL Vs. PANDYA SHARMISTHA HASHMUKHBHAI

Decided On July 01, 2015
Pandya Hashmukhbhai Ambalal Appellant
V/S
Pandya Sharmistha Hashmukhbhai Respondents

JUDGEMENT

(1.) The petitioner was the appellant in Misc. Civil Appeal No. 41 of 2012 in the Court of the 4th Additional District Judge, Dahod. Challenge in this petition is made to the report given by the Forensic Science Laboratory (of the State of Gujarat) at Surat, regarding DNA test of the children of the present petitioner and respondent wife, pursuant to the order of the said Court dated 01.02.2013. The said order was made on the allegation of the petitioner husband that he is not the biological father of the children (three children), which was the basis to file divorce petition against the respondent wife. The DNA test has falsified the allegation of the petitioner husband and he is aggrieved by the said report.

(2.) Learned advocate for the petitioner has submitted that while taking / sending the samples for DNA test, the prescribed procedure was not followed and the same led to incorrect conclusion and therefore the report needs to be interfered with.

(3.) Having heard learned advocate for the petitioner and having gone through the material on record, this Court finds as under.