NAVEETA Vs. BHAGWAN SINGH

JUDGEMENT

(1.) By way of present petition filed under Art. 227 of the Constitution of India, challenge has been laid to order dated 9.8.2018, passed by learned Civil Judge (Senior Division), Court No. VII, Shimla, Himachal Pradesh in CMA No. 1262 of 2018 in Civil Suit No. 75-1 of 2016, titled Naveeta vs. Bhagwan Singh, whereby an application filed by the petitionerplaintiff (hereinafter, 'plaintiff') under S.151 CPC, praying therein for DNA profiling of the respondent-defendant (hereinafter, 'defendant'), came to be dismissed.

(2.) For having a bird's eye view, facts in brief, as emerge from the record are that the plaintiff filed a suit for declaration in the court of learned Civil Judge (Senior Division), Shimla, to the effect that she (plaintiff) be declared legal and lawful daughter of defendant namely Bhagwan Singh, born from relationship of defendant with Smt. Sneh Prabha, mother of the plaintiff. Plaintiff also prayed that she be held entitled for other consequential reliefs which may flow after the declaration that the plaintiff is legal and lawful daughter of the defendant. In the written statement (Annexure P-2), defendant has specifically denied the claim of the plaintiff that she is his (defendant's) daughter born out of alleged relationship with Smt. Sneh Prabha. Though the pleadings in the case are complete, issues are yet to be framed, however, during the pendency of the suit, plaintiff filed an application (Annexure P-3) under S.151 CPC, praying therein for DNA profiling of the defendant. In the application, Annexure P-3, plaintiff claimed that since the defendant has not accepted her claim that she is his daughter, DNA profiling of the defendant may be ordered to arrive at a just and proper decision. However, the fact remains that the learned trial Court, vide order dated 9.8.2018, dismissed the aforesaid application preferred by the plaintiff being not maintainable at this stage. If the impugned order is read in its entirety, it reveals that the learned trial Court found no "eminent need" for DNA profiling of the defendant, especially when evidence is yet to be led on record by the plaintiff in support of her averments made in the plaint (Annexure P-1).

(3.) I have heard learned counsel for the parties and perused the material available on record.