Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 3055 of 2019 Petitioner :- Surendra Kumar Mishra Respondent :- Additional Principal Judge And Another Counsel for Petitioner :- Manoj Kumar Pandey
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
This petition impugns an order dated 29 March 2019 in terms of which an application made by the petitioner for conduct of a DNA examination of a child borne out of the wedlock between the petitioner and the second respondent has been rejected.
The Court concerned has principally taken into consideration the fact that the child was admittedly born on 18 May 2002 and this fact was also admitted by the petitioner in his petition filed under Section 13 of the Hindu Marriage Act. It has then proceeded to record that right from 2002 uptil the date when the application was made, the child had attained the age of 16 years without any doubt having ever been raised by the petitioner with respect to her parentage. It has in this connection also placed reliance on the admissions made in the petition under Section 13 itself.
In light of the aforesaid, the Court finds no ground warranting interference with the order impugned.
The petition is dismissed.
Order Date :- 25.4.2019 faraz