MUNMUM BARKAKATI DAS Vs. GIRISH DAS

JUDGEMENT

(1.) THE petitioner wife by the present petition is invoking the jurisdiction of this Court under Article 227 of the Constitution of India by challenging the order dated 14-5-2007 passed by the learned principal Judge, Family Court at Guwahati in case No. FC (Civil) 417 of 2005 allowing the prayer made by the respondent husband vide application dated 18-4-2008 for conducting the deoxyribonucleic acid test (commonly known as DNA test) and directing the petitioner wife to produce the minor child before the Court on 12-7-2007 for conduct of such DNA test.

(2.) A divorce proceeding in FC (Civil) 417 of 2005 was instituted by the petitioner wife in the Family Court at Guwahati under Section 13 of the Hindu Marriage Act, 1955 (in short the Act) praying for a decree dissolving the marriage between the petitioner and the respondent on the ground of cruelty. On receipt of the summons the respondent husband entered appearance and filed written statement denying the allegation of cruelty made by the petitioner wife in the application seeking divorce. During the pendency of such proceeding before the learned Family Court an application dated 18-4-2007 was filed by the respondent husband intimating the learned Court below that he is ready to get the marriage between the petitioner and himself dissolved by a decree, provided the petitioner wife do not claim "anything even maintenance of the children". In the said application a prayer has been made for conducting DNA test of the child to ascertain the paternity of the child. Since no objection was filed by the petitioner wife, such prayer was allowed by the learned Principal Judge of the Family Court vide order dated 14-5-2007, which is under challenge in the present petition.

(3.) I have heard Mr. B. Banerjee, learned counsel for the petitioner wife and Mr. R. De, learned counsel appearing on behalf of the respondent husband.