LATA NANDLAL BADWAIK Vs. NANDLAL WASUDEO BADWAIK

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith, with the consent of the parties.

(3.) The petitioner 1 and respondent entered into matrimonial alliance on 30-6-1990. The petitioner 2 is the child who according to petitioner 1 born from the wedlock. The respondent-husband disputed the paternity of the child in an earlier proceedings instituted under Section 125 of Criminal Procedure Code. The dispute between the petitioner 1 - wife and respondent - husband ultimately reached the Hon'ble Apex Court in Criminal Appeal 24/2014. The Hon'ble Apex Court directed D.N.A. examination to determine the paternity of petitioner 2. The D.N.A. test conducted by Regional Forensic Science Laboratory, Nagpur excluded the respondent-husband as father of the petitioner 2 child. Dissatisfied, the wife requested the Hon'ble Apex Court to order a second D.N.A. test, the said request was accepted and second D.N.A. test was conducted by Central Forensic Science Laboratory, Hyderabad, with similar result.