SUNIL EKNATH TRAMBAKE Vs. LEELAVATI SUNIL TRAMBAKE OCCUPATION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against the order dated 29. 11. 2002 passed by the Joint Civil Judge, senior Division, Nasik on the application exhibit-173 filed in H. M. P. No. 195/95 by which the said application filed by the respondent-wife seeking D. N. A. test of the petitioner and child -Rupesh was allowed. The petitioner was directed to make himself available for conducting DNA test and also to secure the presence of Rupesh for the said test before Civil Surgeon, Civil Hospital, Nasik on 12. 12. 2002. This Court, however, while admitting the petition had granted stay to the execution of the impugned order.

(3.) The factual matrix that may be relevant and material for considering the challenge, briefly stated, is as follows: The petitioner and respondent are husband and wife. Their marriage was solemnised on 4th April, 1986. They were blessed with a female child. Due to some differences and events that occurred prior to 1995 the petitioner-husband filed H. M. P. No. 195/95 under section 13 of the Hindu Marriage Act for divorce. The case set up by the respondent-wife is that on 25th March, 1996 the petitioner solemnised second marriage with one Smt. Meena Chandrakant Nirphale and after their marriage fathered a son - Rupesh, who was born on 3rd December, 1997. The petitioner, however, denied the allegations and particularly the paternity of the child - Rupesh. In view thereof, after the evidence was laid by the parties and before arguments were heard the application - Exhibit-173 was filed by the respondent-wife seeking DNA test to determine fatherhood of the petitioner. The trial Court allowed the application holding that in the interest of justice DNA test would be necessary and that will give an opportunity to the respondent-wife to establish her case that the petitioner leads an adulturous life.