LAKHBIR KAUR Vs. BIKKAR SINGH

JUDGEMENT

(1.) The wife has filed this appeal against the judgment and decree passed by the learned Additional District Judge,Hoshiarpur whereby the marriage has been dissolved between the parties on the ground that the appellant has sexual intercourse with another person other than the spouse under Section 13 (1) (i) of the Hindu Marriage Act.

(2.) The marriage between the parties was solemnised on July 26,1991 and a female child was born out of the wedlock on April 22,1994. As per the case of the respondent, he worked at Dubai and left India on February 28,1994 and came back India only on October 13,1996. However, the appellant gave birth to a male child on April 10,1995 i.e. 13 months and 13 days after the departure of the husband for Dubai. It was thus alleged that the appellant has given birth to a child when the husband has no occasion of physical contact with the appellant during the period from February 28,1994 to October 13,1996.

(3.) The appellant wife has controverted the allegations and stated that the child born on April 10,1995 was conceived from the loins of the respondent and that he had been visiting India in the year 1994,1995 and 1996. In the written statement itself she has stated that she is ready to undergo D.N.A.Test to determine the paternity of the child born on April 10,1995.