MANVEER SINGH Vs. ANITA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) By way of present petition, petitioner is challenging the order dated 20.11.2019 passed by Additional Principal Judge, (Family Court) Court No. 01, Muzaffarnagar in Case/ Divorce Petition No. 257 of 2008 (Manveer Singh v. Smt. Anita Devi).

(3.) Learned counsel for the petitioner submits that petitioner-husband filed Divorce Petition No. 257 of 2008 (Manveer Singh v. Smt. Anita Devi) taking one of the ground that his wife has given birth to a baby out of illicit relationship with one Arvind Kumar and alleged the charge of infidelity against the wife. He next submits that during the pendency of divorce petition, petitioner-plaintiff has filed application dated 16.10.2019 requesting the Court below to conduct DNA Test of baby and also given the name of DNA Labs India, Hyderabad. Respondent-defendant has also filed reply dated 20.11.2019 to the application dated 16.10.2019 filed by the petitioner- plaintiff stating therein that she has no objection to DNA Test, but only raised objection about the name of Lab given by the petitioner-plaintiff. Learned Court below has rejected the application on the very same day i.e. 20.11.2019 on the ground that if any child has taken birth during the period of valid marriage, that cannot be disputed by DNA Test.