MOINUL HAQUE MANDAL Vs. MUSTT SIDDIKA BIBI

JUDGEMENT

(1.) Heard Mr. DC Mahanta, learned Senior Advocate assisted by Ms. P. Bhattacharyya, learned counsel for the petitioner and Mr. AS Choudhury, learned Senior Advocate, assisted by Mr. R. Ali, learned counsel for the respondent.

(2.) The respondent-applicant Musst Siddika Bibi filed an application, Misc Case No. 90m of 1998 before the SDJM (Sadar), Dibrugarh praying for maintenance for herself and her child. The marriage between the parties took place on 18.8.1997 and thereafter the applicant gave birth to a child in the month of Jan. 1998 i.e. within a period of five months of the marriage. The present petitioner also subsequently divorced the wife and in the present case we find that the marriage between the parties is not in dispute. The petitioner-husband/father, however, claimed that the child was not born out of the said wedlock and he is not the father of the child. The petitioner, thereafter, prayed for holding genetic test properly named as DNA test to determine the paternity of the child and vide impugned order, the trial Court refused the prayer for the DNA test and hence the present revision.

(3.) The learned counsel for the applicant has supported the impugned judgment by referring to a decision by the Honourable Calcutta High Court in the case of Partha Majumdar Vs. Sharmistha Majumdar, 2005 Crl. LJ 3834 .