This court dismissed a writ petition challenging an order rejecting an application for a DNA test. The court held the Trial Court was correct and the petitioner had no case for interference.
The Writ Petition is dismissed.
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wp433114(23)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4331 OF 2014
Prabhakar Kale ..Petitioner Vs. Priti Vandana Panchal & Ors. ..Respondents
Mr. A.D.Nagarjun for the Petitioner Ms Aparna Vhatkar AGP for the Respondent No.2
CORAM : R. M. SAVANT, J. DATE : 10th OCTOBER, 2014
P.C.
1 The order dated 2692013 passed by the Learned IInd Joint Civil
Judge Junior Division, Malshiras, by which order, the application Exhibit 6 seeking DNA test to be conducted in respect of the Respondent No.1 herein who claims to be the minor child of the Petitioner, came to be rejected. Having regard to the well settled position in law as regards when DNA test can be sought for, the order passed by the Trial Court rejecting the said application cannot be found fault with. It is for the Petitioner to prove by leading cogent evidence that he had never cohabitated or had any relationship with the mother of the Respondent No.1. Hence no case for interference is made out. The Writ Petition is accordingly dismissed.
[R.M.SAVANT, J]
1 of 1
mmj
1 issue framed by the court
Whether the Trial Court order rejecting the application for DNA test of the alleged minor child of the petitioner should be interfered with in Writ Jurisdiction.
Prabhakar Kale
Priti Vandana Panchal
R. M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
