S KAUSALYA Vs. M BHARATHA LAXMI

JUDGEMENT

(1.) This revision is directed against the Order in IA No.2727/98 in OP No.616/96 on the file of the Principal District Judge, Saroornagar, Hyderabad dismissing the application under Section 45 of the Evidence Act read with Section 151 CPC to send Baby Sujala and Laxmi (PW3) for D.N.A. Test for determining the parentage of Baby Sujala.

(2.) Pending the OP filed under Section 25 of the Guardians and Wards Act the petitioner filed the present application to sent Baby Sujala and Laxmi (PW3) for D.N.A. Test to ascertain the parentage of Baby Sujala, which was dismissed. Aggrieved by the same the present CRP is filed.

(3.) It is contended by the learned Counsel for the petitioner that Court below is not correct in dismissing the application on the ground that the father of the child Baby Sujala is no more and the mother herself is not sufficient to ascertain the parentage of the child. It is common knowledge that the Medical Science is developed so much that in the absence of the father the parentage of the child can be ascertained when the mother is available.