Latabai Vasant Kshirsagar vs Zumbarbai Dnyanoba Rite And Others
2024 Latest Caselaw 2056 Bom

Bombay High Court

Latabai Vasant Kshirsagar vs Zumbarbai Dnyanoba Rite And Others on 23 January, 2024

                                                                 WP 6018/21
                                       1

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  960 WRIT PETITION NO. 6018 OF 2021

Latabai Vasant Kshirsagar                      ....Petitioner

      VERSUS

Zumbarbai Dnyanoba Rite And
Others                                         .....Respondent
                                     .....
            Advocate for the Petitioner : Mr. Mahajan Sandeep Y.
             Advocate for Respondents 1, 3 to 7 : Mr. K.R. Doke
                                      .....


                     CORAM         : ARUN R. PEDNEKER, J.

                     Dated         : January 23, 2024


PER COURT :-

1. By the present writ petition, the petitioner is challenging the order dated 9.8.2017 passed by the learned Civil Judge, Junior Division, Washi below Exh. 125, which is filed by the petitioner herein/original plaintiff for D.N.A. test verification of the paternity of the plaintiff and respondent No.

1. The application is rejected by the Trial Court.

2. Mr. Mahajan, learned counsel for the petitioner/original plaintiff submits that her mother/defendant No. 1 has disputed relationship with plaintiff as the plaintiff performed inter-caste marriage. The learned counsel further submits that her father has also filed criminal case against the husband of the plaintiff for kidnapping. The learned counsel, therefore, submits that to ascertain whether the defendant No. 1 is the real biological mother of plaintiff, D.N.A. test of respondent No. 1 be directed to be conducted by collecting blood samples of plaintiff and defendant No. 1.

3. Mr. Doke, learned counsel for the respondents submits that the application for D.N.A. test was filed at very belated stage and at such belated stage, such request of the plaintiff should not be entertained. The learned counsel submits that the application is filed merely to delay the process.

4. The learned counsel for the petitioner seeks time to produce on record the relevant judgments indicating that the D.N.A. test should be directed to prove the paternity when the primary evidence points out the biological relation of the plaintiff and defendant No. 1. Both advocates submit that they will produce on record all the relevant judgments on the next date.

5. On their request, stand over to 6.2.2024.

( ARUN R. PEDNEKER, J. )

ssc/