AMAR SHARMA Vs. SEEMA SHARMA

JUDGEMENT

(1.) REGARD being had to the similitude of the controversy involved in these two writ petitions, they were heard analogously together and disposed of by this singular order.

(2.) THE petitioner, Smt. Seema Sharma in W. P. No. 1309 of 2008 is aggrieved by an order dated 23rd January, 2008 passed by the Additional Principal Judge, Family court, Gwalior in case No. 142-A of 2006 by which an application filed by the husband/respondent under Section 151 of the Code of Civil Procedure read with Sections 195 and 340 of the Code of Criminal Procedure for conducting the second DNA (deoxyribonucleic acid)test in respect of the petitioner, her husband and her daughter has been ordered.

(3.) THE grievance of the petitioner is that an application for divorce under Section 13 (1) (i) (ia) (ib) of the Hindu Marriage Act, 1955 was filed by the respondent against the petitioner making various kinds of allegations. It was alleged that the present petitioner/non-applicant was transferred on 19th March, 1996 as District Women and child Development Officer, Indore and she was posted at Indore till March, 1997. It has been further alleged in the divorce petition that the husband and wife were living separately and no-cohabitation took place between them. It has also been alleged that on 21st December, 1996, the present petitioner (non-applicant) gave birth to a child at Agra. As there was serious dispute in respect of parentage of the minor girl, an application was preferred under Section 10 of the family Courts Act, 1984 read with Order XXVI, rule 10 (A) of the Code of Civil Procedure for conducting the DNA test in respect of the petitioner, respondent and the child. The application was allowed by the Court vide order dated 15th October, 2005 and the family Court directed for holding a DNA test. The DNA test was conducted at the Centre for DNA Finger Printing and Diagnostics, hyderabad (hereinafter referred to as the CDFD ). However, before the report could be submitted in the matter, allegations were made against the authorities who have conducted the DNA test and it was prayed before the Family Court that a second DNA test be ordered. The Director, CDFD also inquired into the matter and immediately placed one of the officer concerned under suspension. The matter was also reported to the Central Vigilance Commission (hereinafter referred to as the CVC ). Smt. V. Naga sailaja was placed under suspension on 5th July; 2006 on the basis of the complaints made by the present respondent, i. e. , husband of the petitioner. The Director, CDFD has also written a letter dated 29th February, 2008 to the Family Court, Gwalior which has been brought on record by the petitioner in W. P. No. 845 of 2008 which reads as under :