SAVITABAI CHANDRABHAN Vs. CHANDRABHAN DUBEY

JUDGEMENT

(1.) By this petition, petitioner Smt. Savita Bai has challenged the order dated 8-9-2003, passed by the IInd Additional District Judge, Gadarwara, District- Narsinghpur in Civil Suit No. 24-A/2003 directing the petitioner to have her son undergo the D.N.A. Test for confirmation of his paternity.

(2.) Brief facts of the case are that petitioner Smt. Savita Bai was married to the respondent Chandrabhan Dubey on 22-4-1996 according to Hindu custom and gave birth to the child, a son on 21-11-1996 after a period of only seven months and doubting the paternity of the child, the respondent Chandrabhan Dubey filed suit for divorce under Section 12 of the Hindu Marriage Act stating that Savita Bai was pregnant prior to the marriage and he does not wish to continue with the said alliance.

(3.) The petitioner Smt. Savita Bai filed her written statement. Shri Chandrabhan Dubey had earlier filed an application requesting the same that the son should undergo the D.N.A. Test, which was rejected by the Trial Court by order dated 17-3-2001.