Punjab-Haryana High Court
Harinder Singh vs Amarjit Kaur And Others on 5 December, 2012
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Revision 7269 of 2012
Date of Decision : December 05, 2012
Harinder Singh
....Petitioner
Versus
Amarjit Kaur and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Anil Chawla, Advocate
T.P.S. MANN, J.
One of the defendants has filed the present revision under Article 227 of the Constitution of India against the order passed by the trial Court on 29.5.2012 dismissing the application filed by him for conducting DNA test of plaintiff-Amarjit Kaur.
According to the petitioner, his three daughters, who stood arrayed as defendants in the suit, were born to Manjit Kaur daughter of Kartar Singh and, therefore, plaintiff, namely, Amarjit Kaur be directed to undergo DNA test as she had been falsely claiming herself to be the daughter of Kartar Singh whereas she was born to Charan Kaur from the loins of Hazara Singh.
It is true that in the written statement filed by the defendants, they had disputed the paternity of the plaintiff. It is CR 7269 of 2012 -2- for them to bring the evidence before the Court in support of their claim. The Court cannot be asked to collect evidence on their behalf by directing the plaintiff to undergo DNA test.
While dismissing the application filed by the petitioner, the trial Court vide impugned order referred to the decision of the Hon'ble Supreme Court wherein it was observed that the Court as a matter of rule should never grant application directing one party or the other to undergo DNA test as in the event of any such direction being issued, the personal liberty and privacy of the individual would be violated.
In view of the above, there is no merit in the revision, which is, accordingly, dismissed.
( T.P.S. MANN )
December 05, 2012 JUDGE
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