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Jammu & Kashmir High Court

Kedar Nath vs Seeta Devi And Anr. on 7 December, 2017

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

            HIGH COURT OF JAMMU AND KASHMIR
                                  AT JAMMU.
OW104-149/2017, MP No.1/2017.


                                                      Date of order: 07.12.2017.
Kedar Nath                        v.                  Seeta Devi and anr.
Coram:
       Hon'ble Mr. Justice Sanjeev Kumar, Judge
Appearing counsel:
For the Petitioner(s)      : Irfan Mirza, Advocate.
For the Respondent(s)       :

The short grievance projected by the petitioner in this petition is that a petition filed by him u/s 13 of the Hindu Marriage Act for dissolution of marriage is pending adjudication in the Court of Learned Principal District Judge, Kishtwar. It is stated that the divorce petition has been filed primarily on the ground of adultery. The learned counsel appearing for the petitioner submits that during the pendency of the aforesaid petition, the petitioner has moved an application for conducting DNA Test of the child which as per the petitioner was conceived and delivered by respondent No.1 when the two were living apart. His grievance in the instant petition is that though the aforesaid application was moved before the competent Court in the year 2014, yet the same has not been disposed of by one way or the other even after the lapse of about three years. He, therefore, prays for a direction to the learned Principal District Judge, Kishtwar to dispose of his application at the earliest.

In view of the short controversy projected in this petition and the short relief prayed for, it would be futile to keep this petition pending in this Court. The same is, therefore, taken on board and is disposed of with the direction to the learned Principal District Judge, Kishtwar to dispose of the application filed by the petitioner for conducting the DNA Test of the child OW104-149/2017 MP No.1/2017 Page 1 of 2 with reasonable dispatch and in any case within a period of six weeks from the date of receipt of certified copy of this order.

Disposed of accordingly.

+ (Sanjeev Kumar) Judge Jammu 07.12.2017 Eva.