Narendra Singh v. Shiromani Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No. 592 of 2016 Narendra Singh son of Ramji Thakur, aged about 32 years, R/o Village Kunda, Tahsil Pandariya, at present Kawardha, Tahsil Kawardha, District Kabirdham (CG) ---- Petitioner

Versus

Shiromani Singh wife of Narendra Singh Thakur, aged about 31 years, R/o Village Kunda, at present R/o. House of Sher Singh Thakur, Behind Police Station Hardibazar, District Korba (CG) ---- Respondent For Petitioner :

Mr.C.B.Kesharwani, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/10/2016 1.

In an application filed by the petitioner herein under Section 13 of the Hindu Marriage Act, earlier he had filed an application for DNA test to ascertain the paternity of Ku.Pragya Thakur. That application was allowed and DNA test has been conducted by the parties in the laboratory and report has been filed. That report is pending consideration. The petitioner has again filed an application under Section 45 of the Evidence Act to determine the paternity of Ku.Pragya Thakur and by the order impugned, it has been rejected by the Family Court, Korba. 2.

Evidence of both the parties have already been concluded and DNA test has already been conducted on an application filed by the petitioner and in order to delay the proceeding, this application has been filed. 3.

I do not find any jurisdictional error in order rejecting application for

further DNA test.

4.

Accordingly, the writ petition is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge B/-