B VANDANA KUMARI Vs. P PRAVEEN KUMAR

JUDGEMENT

(1.) This revision petition is preferred against the order dated 7-9-2004 in I.A. No.671 of 2004 in O.P. No.720 of 2002 under which the learned Judge, Family Court, Hyderabad, directed the revision petitioner to subject herself to DNA Test along with her daughter at Centre for D.N.A., Finger Print and Diagnostics, E.C.I.L. Road, Nizamabad.

(2.) The facts, in brief, are as under: The marriage between the revision petitioner (hereinafter referred to as the wife) and the first respondent (hereinafter referred to as the husband) was performed on 23-5-2002 as per Hindu rites and customs at Nizamabad. On 16-9-2002, the husband filed O.P. No.720 of 2002 in the Family Court, Hyderabad, under Section 12(1)(d) of the Hindu Marriage Act, 1955 (for short 'the Act') to declare the marriage as null and void on the ground that the wife was pregnant by some other person at the time of marriage. It is alleged that their marriage was not consummated at all and on 31-5-2002 when he along with his wife went to visit a temple, the wife hoodwinked him and fled away with the second respondent herein, who is no other than her own brother-in-law. Thereafter he came to know that the wife was having illicit intimacy with the second respondent and that she was pregnant through the second respondent by the date of their marriage itself. Hence, the marriage is liable to be declared as null and void under Section 12(1)(d) of the Act.

(3.) The wife filed a counter denying the allegations and pleading that the marriage was consummated on 23-5-2002 itself and since then they continued to live together as husband and wife. It was also specifically pleaded that she was pregnant through her husband after marriage. She also expressed her ready and willingness to join the husband and prayed that O.P. No.720 of 2002 may be dismissed.