LAWS(MPH)-2006-5-143

AKHILESH BAI Vs. GYANENDRA KUMAR DANTRE

Decided On May 20, 2006
Akhilesh Bai Appellant
V/S
Gyanendra Kumar Dantre Respondents

JUDGEMENT

(1.) THIS petition under section 482 of CrPC by the petitioners is directed against the order dated 26.2.2005 passed by the learned Family Court, Gwalior in MCrC No. 247/03, whereby the application of the respondent/husband filed under section 45 of the Evidence Act was allowed and the petitioner No.2 was directed to appear for DNA Finger Print Test before the concerning laboratory.

(2.) BRIEF facts giving rise to the filing of this petition are as under:

(3.) PER contra, it is submitted by learned counsel for the respondent that after some days after the delivery of first son on 16.2.1995, the petitioner No. I had left the house of the respondent without his permission and had gone to her parental house along with the son and thereafter she never returned to respondent and after that the parties had no nexus to each other at any time. It is argued that the petitioner No.2 is not the legitimate son of the respondent and that the respondent is not liable to pay maintenance to the petitioners. It is further contended that in the above circumstances, the respondent filed an application under section 45 of the Evidence Act for getting the DNA Finger Print Test of the petitioner No.2 and of himself and that the trial Court has rightly allowed the application.