JAI PRAKASH Vs. KUMARI ANJALI

JUDGEMENT

(1.) By impugned order dated 30.4.2019 the Additional Principal Judge, Family Court, Basti has rejected an application made by the petitioner for getting DNA test of Km. Anjali (opposite party No.1) conducted by a team of medical experts.

(2.) The opposite parties brought suit for maintenance against the petitioner being Original Suit No.519 of 2011. According to the opposite parties, they are daughter-in-law and grand daughter respectively of the petitioner herein. Opposite party No.2 was married to Santosh Kumar, son of the petitioner on 17.5.2006 and vidai ceremony took place on 18.5.2006. She was brought to her in-laws house at Mauza Hariharpur and she started living with her husband. Out of the said wedlock, opposite party No.1 was born. She is stated to be of four years of age in the year 2011 when the suit was instituted. Santosh Kumar, husband of opposite party no.2 and father of opposite party no.1 died on 29.12.2007. Since the opposite parties do not have any source of livelihood, they filed the suit in question.

(3.) The petitioner filed an application dated 25.4.2017 alleging that opposite party no.2 had before entering into matrimonial alliance with his son Santosh Kumar married different persons and even after death of Santosh Kumar, she had remarried. It was alleged that opposite party No.1 was not born out of the wedlock between opposite party No.2 and his son Santosh Kumar. Therefore prayer was made for getting DNA test of opposite party no.1 conducted by a team of medical experts.