MAYA Vs. NARESH KUMAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 19.11.2015 rendered in application No. 220/4 of 2015 by the learned Judicial Magistrate Ist Class, Kandaghat, Distt. Solan, H.P. in case No. 20/3 of 2014.

(2.) "Key facts " necessary for the adjudication of this petition are that the petitioner has filed an application under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005. The respondent has filed the reply to the same. The petitioner has also filed an application under Sec. 45 of the Indian Evidence Act, 1872, praying that the respondent may be directed to undergo Deoxyribonucleic Acid Test (hereinafter referred to as "DNA test ") to prove the paternity of master Harsh. The reply was filed by the respondent. The learned trial Court dismissed the application filed under Sec. 45 of the Indian Evidence Act. 1872 on 19.11.2015. Hence, this petition.

(3.) I have heard the learned counsel appearing on both the sides and have also gone through the records of the case minutely.