KONA CHINNABABU Vs. KONA SATYAVATHI

JUDGEMENT

(1.) The petitioner herein is the petitioner in H.M.O.P.No.45 of 2019 on the file of the Civil Judge (Senior Division), Vizianagaram. The petitioner filed the above said O.P. to dissolve the marital relationship of the petitioner and the respondent by way of divorce under Sec. 13(1)(ib) of the Hindu Marriage Act, 1955.

(2.) The following provision is hereby extracted for effective disposal of the present Civil Revision Petition:

(3.) While the said O.P. is pending for consideration, the petitioner herein field I.A.No.553 of 2022 in H.M.O.P.No.45 of 2019 under Sec. 45 of the Indian Evidence Act, 1872, to send the two children by names Krishna Veni and Santhosh @ Ramesh for Centre for DNA Finger Printing and Diagnostics, Amaravathi, to know that the petitioner is not the legitimate father of the two children and the two children were not born in the wedlock of the petitioner along with the respondent herein. The said I.A.No.553 of 2022 in H.M.O.P.No.45 of 2019 was dismissed vide order dtd. 10/7/2024, observing that if the DNA Test is ordered, they are looked down upon in society and they will be ridiculed and stating that the Hon'ble Apex Court also held view of judgments that a children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity.