Single judge directed the lower court to decide the petitioner's application for a DNA test regarding children allegedly born out of wedlock, holding no notice was needed given the innocuous nature of the prayer.
Direction to the learned court below to decide the application for DNA test of the children.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1387 of 2009 (O&M)
Date of Decision: 16.3.2009
Pritam Chand
... .Petitioner
Versus
Smt. Kanta Devi and another
... Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:Mr. Pritam Saini, Advocate for the petitioner.
RAJESH BINDAL J
The only prayer in the present petition is for a direction to learned Court below to decide the application filed by the petitioner for conduct of DNA Test of Master Mohit and Kumari Awantika, the two children allegedly born out of the wedlock of the petitioner with respondent No.1.
Learned counsel for the petitioner submitted that the petitioner has filed a petition for dissolution of marriage inter-alia on the ground of adultery. The allegation is that the petitioner is serving in Unit 117, RCC(Gref) and for years together he did not get leave to visit home but still the two children were born. The prayer in the application was made for getting DNA test of the children conducted to substantiate the claim. The application is kept pending by the learned Court below even though reply thereto has already been filed by the respondents.
Considering the prayer made by the petitioner to be innocuous without issuing notice to the respondent, I deem it appropriate to direct the learned Court below to decide the application filed by the petitioner.
The revision petition is disposed of.
(RAJESH BINDAL) 16.3.2009 JUDGE Reema
2 issues framed by the court
Whether to direct the court below to decide the petitioner's application for a DNA test of children alleged to be born out of wedlock.
Whether notice to the respondent is required before deciding the application for DNA test.
Pritam Chand
Smt. Kanta Devi
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
