also written a letter on
12.11.2012 stating that if DNA test is done, it would come to light that the
first accused Vijayarani gave ... appropriate relief either for
punishing the accused for adultery or for conducting DNA test. Though this
Court, after reading the petition, expressed its shock, feels
cruelty and adultery and in that petition, he filed an
application in I.A.No.181 of 2010 for conducting DNA test for the male
balance of
probabilities or any circumstance creating doubt. Even the evidence of
adultery by wife which though amounts to very strong evidence, it, by
itself ... impugned order passed by the High Court directing,
holding of a DNA test, of the respondent-husband and the male child born to
the appellant
attempt to seek directions compelling the defendants to
conduct the DNA test is clearly a roving enquiry and should be
deprecated by the court ... consequential effect on the courts
discretion to pass orders directing DNA test of the person:
i) Goutam Kundu vs. State of West Bengal
further submitted that
only on 17.6.2002 (after passing the order of DNA Test on
6.6.2002), when the respondent-wife filed an application
for review ... DNA Test and it was
further submitted that the appellant had proved the
adulterous conduct of the respondent-wife.
20. The allegation of adultery
balance of probabilities or any circumstance creating doubt. Even the
evidence of adultery by wife which though amounts to very strong
evidence, it, by itself ... impugned order passed by the High Court directing,
holding of a DNA test, of the respondent-husband and the male child born to the
appellant
there is strong evidence
about the adultery and doubt the paternity of child, D.N.A. medical test can
be ordered. He also submitted that ... respondent as R.W.1 has expressed
her willingness to undergo DNA Test. Equally, the petitioner in his chief
examination has stated that
adultery or that she
has developed any illicit relationship with any person. No doubt,
respondent-husband has opted to get himself subjected to DNA test
petitioner disputed the paternity of the child and
prayed that DNA test be conducted of the petitioner and the 2nd
respondent to prove the paternity ... learned Judge
dismissed the petition observing that the impact of the DNA test is
bastardising the child and the court should not permit such back
power while deciding matrimonial matters to
order a person to undergo medical tests which can not be held to be
in violation of the rights ... only when he
succeeds in establishing the same can the DNA test be directed.
The appellant/Husband in my opinion has so far miserably failed
