PRAJAKTA DNYANESHWAR KADAM Vs. DNYANESHWAR NAVNATH KADAM

JUDGEMENT

(1.) The petitioner is challenging order dtd. 11/11/2021 passed by the learned Judge, Family Court No.5, Pune below Exhibit 21 in P.A. No.630 of 2019. By the impugned order, the Family Court has directed DNA test of son Shree to be carried out.

(2.) Facts giving rise to the filing of the application in short are as under. On 30/4/2015, marriage between the petitioner and respondent no.1 was solemnized. On 17/11/2016 male child was born. The record discloses that on 5/9/2018 respondent no.1 carried out DNA test on himself and his son. The DNA report excluded the respondent no.1 as biological father of the tested child. Based on the said test obtained from analysis of DNA loci, it was concluded that the probability of paternity is (0) zero.

(3.) Respondent no.1 on 14/5/2019 filed divorce petition on the ground of unchastity of petitioner thereby causing mental cruelty under Sec. 13(1)(i)(ia) of the Hindu Marriage Act, 1955. In paragraph 20 of the petition, the petitioner has challenged paternity of the child. In the petition, respondent no.1 has pleaded instances of unchastity. It is also averred in the petition that the report of DNA test conducted on 5/9/2018 discloses that the respondent no.1 is not the biological father of the son.