SATYA PAL YADAV Vs. SANDHYA YADAV

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The contention is that though marriage was solemnized between the petitioner and respondent on 15.5.2006 but Bidai (Gauna) Ceremony took place on 15.4.2013 when the respondent for the first time came to her matrimonial home. During this period, the respondent was in illicit sexual relationship with her brother-in-law. This fact came to knowledge of petitioner and his family on the date of Bidai (Gauna) as the respondent was pregnant for about 3-4 months. The defendant was also not inclined to stay with the petitioner and returned to her parental house on 22.5.2013. The petitioner and respondent are living separately since then. The defendant gave birth to a child within 5 months of the date of Bidai (Gauna) i.e. 15.4.2013.

(3.) A specific query was made from the learned counsel for the petitioner as to the stage of the suit and the evidence led by the plaintiff. It is admitted to the learned counsel for the petitioner that the plaintiff's evidence has not been concluded till date. The question as to whether the petitioner resided with his wife or visited her after marriage i.e. 15.5.2006 is a question of evidence. Whether there was any cohabitation between the parties after the marriage was solemnized is also required to be taken into consideration. Whether wife was deserted or she had left her matrimonial home on her own is also one of the question which is to be determined on the evidence of the parties. Only after the petitioner is able to show a prima facie case of infidelity of his wife by leading evidence on the issues of marriage, relationship between the parties and the birth of child, the question would arise as to whether DNA test of the child born to Smt. Sandhya Yadav is required.