Pankaj Kumar Paswan v. Savita Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.45 of 2023 ====================================================== Pankaj Kumar Paswan Son of Gaurichand Paswan Resident of VillageHasanpur Kirat, P.O.-Muktapur, P.S. and Circle-Kalyanpur, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

Savita Kumari Wife of Pankaj Kumar Paswan, D/o Daun Paswan Residing at Village-Shahpur, Maricha, P.O. Shahpur Maricha, P.S.-Maniyari, DistrictMuzaffarpur. 2.

Shahil Kumar under the Guardianship of his Mother Savita Kumari Residing at Village-Shahpur, Maricha, P.O. Shahpur Maricha, P.S.-Maniyari, DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-10-2023 Heard the parties.

2. The present application has been filed for quashing the order dated 10.08.2022 passed in Matrimonial Case No. 143/2009 under Section 13 of the Hindu Marriage Act, 1955 by the learned Principal Judge, Family Court, Muzaffarpur. The petitioner is the husband of the Respondent No. 1.

3. The petitioner filed an application for DNA test of the child on 08.01.2020, but the same has not been pressed till 18.07.2022. No birth certificate of the child has been filed by the petitioner in support of his assertion. The wife has denied the allegations levelled by the petitioner. The petitioner himself

Patna High Court C.Misc. No.45 of 2023(2) dt.07-10-2023 2/2 admits that the marriage was consummated between the parties and, therefore, in view of the presumption under Section 112 of the Evidence Act, the application has rightly been rejected by the Court below.

4. I see no reason to interfere in the aforesaid order. This application is dismissed.

(Sandeep Kumar, J) Saif/- U