RANATISH SAHA Vs. SOMA SAHA AND ORS.

JUDGEMENT

(1.) Being unsuccessful in connection with the application dated 07.05.2015 filed before the Family Court at Kolkata in connection with Mat Suit No. 03 of 2015, the petitioner has come before this forum with a prayer to set aside the impugned order No. 4 dated 07.05.2015 passed by the Learned Additional Principal Judge, Family Court No. 2 at Kolkata.

(2.) According to the petitioner, he had filed a matrimonial suit being Mat Suit No. 03 of 2015 under Section 13(1), (i), (ia) & (ib) of Hindu Marriage Act, 1955 in the Court of Principal Judge, Family Court at Kolkata for a decree of divorce against the respondent No. 1 on the grounds of adultery, cruelties and desertion, which was ultimately transferred to the Court of Additional Principal Judge, Family Court No.2 at Kolkata. In his said application he has categorically stated that his wife used to have extra-marital relationship with other persons and she used to interact and mix-up with them as if they are husband and wife. She is in the habit of leaving matrimonial home every now and then with her male friends and used to return home at late night. On being protested by the petitioner, the respondent No. 1 turned furious and started ill behaving with the petitioner. The specific case of the petitioner is such that she lives in adultery and in one occasion the respondent No. 1 wife refused to share bed with him and categorically admitted that she has illicit terms with other persons. When reconciliation process was going on in connection with a case under Domestic Violence Act, the opposite party wife disclosed that the petitioner is not the father of 'Rithika' i.e. the daughter of the opposite party. In such circumstances, the petitioner had reason to believe that he is not the biological father of the child namely 'Rithika'. Since the divorce suit has been filed in which one of the grounds is adultery, so with a view to proving his case he filed an application before the Learned Court below with a prayer that he is willing to undergo D.N.A. Test and simultaneously the D.N.A. Test of the child is required to be ascertained if the girl child was begotten by him or not.

(3.) After hearing both sides Learned Additional Principal Judge, Family Court No. 2 at Kolkata vide Order No. 4 dated 07.05.2015 had rejected his such prayer on the ground that it is a tactics of the petitioner to cause delay of matrimonial suit and that the said petition was filed for the purpose of collecting evidence. He has also made a prayer in the said application that he wanted to take the help of an advocate in the said litigation but his such prayer has also been rejected.