LAWS(ALL)-2008-1-98

ALOK BANERJEE Vs. ATOSHI BANERJEE

Decided On January 11, 2008
ALOK BANERJEE Appellant
V/S
ATOSHI BANERJEE Respondents

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicant and learned Additional Government Advocate. ). By means of this application the applicant has challenged the order dated 13. 12. 2007 passed by the Additional Principal Judge, Family Court, Kanpur Nagar whereby the learned Judge has rejected the application of the applicant for get ting the DNA test of his son Ishan conducted.

(2.) IT was mentioned in the application that on 1. 3. 2004 the opposite party No. 1 had gone with her brother to her maternal home in Kanpur Nagar, then she became pregnant. She returned on 13. 3. 2004 at the residence of the husband and informed that she was pregnant and it did not appear to the applicant and the child was born from the union of the applicant with opposite party No. 1.

(3.) LEARNED Counsel for the applicant submits that the said authority was distinguishable because in that case there was no concession by opposite party to get the DNA test conducted.