YAKSHI AND ANOTHER Vs. SANJAY JANGRA

JUDGEMENT

(1.) Petitioners have filed this petition challenging the order dated 18.05.2015, whereby application moved by the petitioners for conducting Deoxyribonucleic acid (DNA) test, was dismissed.

(2.) Learned counsel for the petitioners has submitted that the husband of mother of the petitioners was impotent. Consequently, at the instance of her mother-in-law, mother of the petitioners started residing with the defendant (brother of her husband). Petitioners were children of the defendant. Hence, in the facts and circumstances of the case, the controversy in question could only be resolved by conducting DNA test. In support of his arguments, learned counsel has placed reliance on the judgment of the Hon'ble Apex Court in case Dipanwita Roy vs. Ronobroto Roy, 2014 4 RCR(Civ) 724, wherein it was held as under:-

(3.) Learned counsel has next placed reliance on the judgment of the Hon'ble Apex Court in case NandLal WASUDEO BADWAIK vs. LATA NANDLAL BADWAIK AND ANOTHER, 2014 2 SCC 576, wherein it was held as under:-