RADHEY SHYAM Vs. PAPPI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is against the divorce decree dated 13-2-2002 passed by the learned Addl. District Judge No. 2, Chittorgarh in Divorce Case No. 14/98. The trial Court dismissed the divorce petition on the ground that the appellant-applicant sought divorce on the ground of, respondents living adulterous life but the appellant-applicant did not implead the person against whom, according to the applicant, the respondent had illicit relations.

(3.) It will be worthwhile to mention here that in the trial Court, the applicant-appellant prayed for DNA test of the appellant and his wife-respondent and respondent's son Chiku which was allowed by the trial Court vide order dated 2-8-2000 because the respondent also gave her consent for the DNA test of herself and her son. A letter was issued by the Court to the Centre for DNA Finger-printing and Diagnostics, which is an autonomous Centre of the Department of Biotechnology, Ministry of Science and Technology, Govt. of India. In pursuance of the directions of the Court the appellant- applicant deposited the requisite amount for the said DNA test and paid the expenses for respondent and respondent's son so that their blood may be examined by the said DNA Diagnostic Centre. The said Centre gave report along with forwarding letter dated 4- 12-2000 that the appellant is not biological father of child Chiku. When the appellant- applicant tried to tender in evidence the said DNA report, an objection was raised by the respondent for tendering the document in evidence. The trial Court observed that the report is not prepared or signed by the appellant and, therefore, cannot be tendered in evidence and consequently the document was not admitted in evidence.