NOOR MOHAMMAD Vs. RAMSER @ SAMSER ANSARI

JUDGEMENT

(1.) This petition has been filed against the order dated 18.7.2013. By the aforesaid order the trial Court has rejected the application filed by the petitioner/ defendant in regard to conducting the DNA test to determine the paternity of child of Ramser @ Samser ansari. Because there is a stay of civil suit and petition is pending for last two years. Hence, petition is disposed of finally with the consent of the parties.

(2.) The petitioner/defendant No.1 submitted an application before the trial Court under Section 45 of Evidence Act to the effect that mother of the plaintiff admitted the fact that plaintiff is not the son of defendant No.1. Hence, DNA test be ordered in regard to deciding the fact of paternity.

(3.) The application was opposed by the respondents on the ground that after due solemnization of marriage his son was born. It was further pleaded that son was born after cohabitation between husband and wife and there is no need for DNA test.