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Madhya Pradesh High Court · body

2014 DIGILAW 1409 (MP)

Krishna Mohan Mishra v. Geeta Devi

2014-11-03

K.K.TRIVEDI

body2014
JUDGMENT: None appeared on behalf of respondents though notices were issued to the respondents by registered A.D. 2. The office report indicates that the notices have been issued to the respondents on 8.7.2014 by registered A.D., but neither the acknowledgment is received back nor undelivered envelopes have been returned by the postal authorities. 3. In view of the aforesaid, the respondents are deemed to be served with the notices of the writ petition. The grievance of the petitioner is with respect to rejection of his application for directing a DNA test of child, the respondent No.2 herein, which application has been made stating that on account of the proof of the date of birth of the said respondent, it is amply clear that the said respondent was not born out of the wedlock of the petitioner and the respondent No.1. It is contended that without considering the material aspect and the law laid down by the Apex Court in the case of Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik and another [ (2014) 2 SCC 576 ], such a prayer of the petitioner is rejected. Hence, this writ petition. 4. It is seen from the statement that the birth certificate produced by the petitioner has not yet been tested by confronting the respondent No.1 with the said document as the statements of respondent No.1 have not yet been recorded in the Court. If such a document is proved after the cross-examination of respondent No.1, it would not be necessary for the petitioner to ask for any DNA test as the presumption prescribed under Section 112 of the Indian Evidence Act, 1872, would be rebutted. However, still it will be open to the petitioner to make an appropriate application seeking DNA test of respondent No.2 after completing the examination of the respondent No.1. If such an application is made, the trial Court will look into the said application on its own merit, ignoring the previous application and the orders thereon passed by the trial Court keeping in view specifically the law laid down by the Apex Court in the case of Nandlal Wasudeo Badwaik (supra). With the aforesaid, the writ petition stands finally disposed of. Certified copy as per rules.