Calcutta High Court (Appellete Side)
7 Sambudda Bhattarcharya vs Manali Bhattacharya on 8 June, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
17 08.06.
AG 2022
M/R
KB C.O.1205 of 2022
Ct
07 Sambudda Bhattarcharya
Vs
Manali Bhattacharya
Mr. Aniruddha Chatterjee,
Mr. Abir Lal Chakrabory,
... For the petitioner.
The subject matter of challenge in this revisional application is against the rejection of DNA test, proposed to be made by the petitioner/husband disputing with the paternity of child on the alleged adultery of opposite party/wife.
Mr. Aniruddha Chatterjee, learned advocate for the petitioner adverting to para 32 of written statement, filed by the opposite party/wife, submits that despite specific disclosure of the opposite party/wife, thereby revealing her consent to go for DNA test for resolving the issue pertaining to the dispute of paternity of the child, born out of the wedlock of the opposite party/wife and the petitioner, the Court below has erroneously rejected the prayer for DNA test, without truly adhering to the facts disclosed in the written statement and the other materials placed in the case record.
An arguable point is this raised, which needs to be addressed touching upon the merits of the case.
In the meantime, let there be an order directing stay of all further proceedings pending in the Court 2 below till the end of July 2022 or until further order, whichever is earlier.
Petitioner is directed to serve the copy of this application upon the opposite party and her learned advocates appearing in the Court below, by speed post with A/D, and furnish affidavit of service on the next returnable date.
Matter to appear in the list under the heading 'adjourned motion' in the 3rd week of July 2022.
(Subhasis Dasgupta, J)