BIJENDER Vs. MANJEET AND ANOTHER

JUDGEMENT

(1.) Vide impugned order, an application filed by the petitionerhusband for a direction to the respondent-wife for DNA test alleging that she has given birth to a male child from the loins of respondent No.2, stands dismissed by the trial Court.

(2.) On asking of the Court, learned counsel for the petitioner informs that the case is at the stage of framing of issues. He has placed reliance on Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik and another, 2014 2 SCC 576 and Dipanwita Roy Vs. Ronobroto Roy, 2015 AIR(SC) 418.

(3.) In Dipanwita Roy's case , an order passed by the High Court for a direction for DNA sampling had been upheld by the Apex Court, however, a discretion was given to the wife to comply with or disregard the order of the High Court requiring the holding of DNA test subject to the provisions of Section 114 of the Indian Evidence Act. In the said case also, the issue of illegitimacy of the child was involved.