HEMA TIWARI Vs. PANKAJ MISHRA

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dtd. 21/9/2021 passed by the Principal Judge, Family Court, Rewa whereby the application for DNA Test filed by the present respondent has been allowed.

(2.) It is alleged that marriage between both the parties has been solemnized on 22/4/2016 with Hindu Rites and Rituals and on 29/1/2017 out of the wedlock a male child has born. The respondent has doubted upon the petitioner that he is not the biological father of his son and he has filed an application under Sec. 13 of the Hindu Marriage Act before the Family Court, Rewa. During the pendency of the divorce case, an application under Sec. 45 of the Evidence Act for getting conducted a DNA Test (Deoxyribonucleic acid Test) for finding the paternity of child as this was a sole question raised by the respondent No.l in the divorce petition. Reply to the aforesaid application was filed. After consideration of the application as well as the reply, the learned Family Court has allowed the application vide order dtd. 21/9/2021. Challenge to the aforesaid order is made on the ground that DNA Test should not normally be ordered as a matter of routine., placing reliance upon the judgment passed by the Supreme Court in case of Ashok Kumar Vs. Raj Gupta and others, (2015) 1 SCC 365, in Civil Appeal No. 6153/2021 decided on 1/10/2021.

(3.) It is argued that a detailed order has been passed by the Supreme Court. He has prayed for setting aside of the impugned order in the light of the judgment passed by the Supreme Court.