← Library
Bombay High CourtWP/2690/2018dismissed

Shri Susheelkumar Banerjee S/O Gaurchand Banerjee v. Ku. Rani D/O Susheelkumar Banerjee

2023-01-27Hon'Ble Shri Justice Anil S. Kilor2 pages

902wp2690-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.2690 of 2018 SHRI SUSHEELKUMAR BANERJEE S/O GAURCHAND BANERJEE VS KU. RANI D/O SUSHEELKUMAR BANERJEE Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R. Wagh, Advocate for the Petitioner CORAM : ANIL S. KILOR, J.

DATED : 27.01.2023 1.

Heard.

2.

In this petition, the order below Exh.15 dated 20.03.2018 passed by the Judge, Family Court-3, Nagpur in Petition No.C44 of 2016, is under challenge, whereby the application filed by the petitioner/Ori. respondent for conducting the DNA test of the respondent, was rejected.

3.

On perusal of the record, it is evident that when the respondent/Org. Petitioner was just four months, her mother Rekha died and thereafter, she was residing with her maternal grandparents and according to the petitioner, he was not in contact with her and therefore, it is a stand of the petitioner that the respondent is not entitled for maintenance, and to establish that the respondent is not his daughter, the application Exh.15 was moved for conducting the DNA test.

4.

The learned Family Court has observed that the petitioner herein is not sure as to whether the respondent is the same daughter who was born to his wife and to just verify the same, nd.thawre

902wp2690-18.odt DNA test was sought. The Court has observed that the petitioner is not denying the relation with the deceased Rekha as wife and also he is not denying that a daughter was born out of their wedlock and therefore, the Family Court has observed that the application was filed just on the basis of unreasonable doubt and therefore, the DNA test cannot be directed. Accordingly, Exh.15 was rejected.

5.

I do not find any error committed by the learned Family Court in rejecting the application Exh.15. Accordingly, the Writ Petition is dismissed.

[ANIL S. KILOR, J.] DOMAJI THAWRE 19:22 nd.thawre