Citation : 2014 Latest Caselaw 5429 ALL
Judgement Date : 1 September, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- FIRST APPEAL No. - 1025 of 2012 Appellant :- Smt. Krishna Kanti Alias Archana Respondent :- Rajanlal Kamal Alias Raj Kamal Counsel for Appellant :- Namit Srivastava,Krishna Shankar,Rajesh Prasad Yadav Counsel for Respondent :- Rajendra Jaiswal,Ramendra Asthana,Vishal Jaiswal Hon'ble Rajes Kumar,J.
Hon'ble Om Prakash-VII,J.
Both the parties appeared in person along with their counsel. One of the reasons for the divorce is the charge by the husband against the wife that she has illicit relationship with some one and the son born on 3.5.2008 is not his son. The appellant submitted that she has been removed from his matrimonial house on 2.12.2007 and not on 10.1.2007 forcefully and the son who has born on 3.5.2008 is on account of wedlock between them. He is the son of Sri Rajan Lal Kamal. To ascertain whether the son Ayush is the son of Sri Rajan Lal Kamal, she requested that D.N.A. test may be conducted.
On the facts and circumstances, since the allegation of illicit relationship is a serious charge and may affect the entire future of the appellant and her son, we are of the view that it would be appropriate to ascertain that whether son Ayush has born on account of the wedlock of Smt. Krishna Kanti and Sri Rajan Lal Kamal.
We direct for conducting D.N.A. test at the cost of the respondent. Let Smt. Krishna Kanti and her son Ayush and Sri Rajan Lal Kamal appear on 19th September, 2014 before the Chief Medical Officer, Kanpur Nagar. The C.M.O. is directed to take necessary sample and send the same for D.N.A. test to the laboratory. Sri Rajan Lal Kamal is directed to deposit the requisite expenses before the Chief Medical Officer, Kanpur Nagar.
Office is directed to send the copy of the order directly also to C.M.O. Kanpur Nagar within three days and the parties are also directed to furnish the copy of this order before the C.M.O., Kanpur Nagar within a week. The Chief Medical Officer, Kanpur Nagar is directed to send the report to this Court in a sealed cover by 10th Novermber, 2014.
List on 10th November, 2014.
Order Date :- 1.9.2014
OP
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