BADRI PRASAD JHARIA Vs. SEETA JHARIA

JUDGEMENT

(1.) In this writ petition preferred under Article 227 of the Constitution of India, challenge has been made to the order dated 24-8-2016 passed in HMA Case No.33/2015 by the learned Principal Judge, Family Court, Mandla whereby an application submitted by the petitioner for DNA test of the respondent has been rejected.

(2.) The factual expose, succinctly adumbrated in a nutshell is that the petitioner got married with the respondent in the year 1999. He is a government servant posted as a clerk in the I.T.I., Chhindwara, whereas the respondent is posted as a teacher in District Mandla. The parties are living at their respective places of posting ever since after solemnisation of their marriage in the year 1999. A petition for dissolution of marriage under Section 13(1) of the Hindu Marriage Act, 1955 is filed by the petitioner against the respondent on the ground of adulterous behaviour alleging that she is having extra-marital relationship.

(3.) The respondent-wife has also lodged a report against the petitioner for commission of offence punishable under Section 494 of the Indian Penal Code. A child - Vatsla Jharia was born during the wedlock of the petitioner and the respondent, but the petitioner has alleged that she is not his daughter, as there was no cohabitation with the respondent since the year 2006. It is submitted that the petitioner is posted at Chhindwara since 26-4-2006, whereas the said child has born in the year 2012.