without
DNA test, it may direct DNA test and not
otherwise. In other words, only in exceptional
and deserving cases, where such a test
becomes ... DNA test is eminently
necessary. This is not a case where a DNA test is the
only route to the truth regarding the adultery
defendant no.2 which
could be evident from DNA test. The presumption of
adultery was accepted in view of refusal to undergo
DNA test ... child.
The plaintiff approached the Trial Court for DNA test
in order to prove adultery. It is possible that even if
the paternity is proved
refused to undergo the
DNA test. Now she is willing.
2
It may not follow from the proof of adultery that
the issue born ... should
be allowed. Learned counsel for the parties agree that the
DNA test report would be accepted by them without
asking for any further expert
interim stage and before the trial had
commenced, a DNA test was directed to be undertaken of the
child with the co-operation ... have the effect of waiver of any
adultery and hence this Court should not order the DNA test
and according to him the Court below
refusal of the two children to subject
themselves to a DNA test and as such, no adverse inference could be drawn against the
opposite party ... contention might have been the DNA test of the two children of the opposite party.
However, such DNA test was refused by this Court
husband
on the ground of cruelty, desertion and adultery.
According to the petitioner, a DNA test of the child
and the father would prove that ... dissolution of marriage on certain
grounds along with the ground of adultery. The petitioner is
2
required to prove adultery on the evidence available
ground of adultery. The
husband has also filed a petition claiming
maintenance from the wife and a petition for DNA
test of one of their
party. In this suit,
the petitioner husband filed an application seeking DNA test of
2
the male child born to the opposite party. The purpose ... error of law in rejecting the prayer of the
petitioner for DNA test of the male child. In support of his
contention, Mr. Mondal relied
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 ... 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
herein.
The petitioner in the suit filed an application for DNA Test of
the youngest son of the parties alleging that he was fathered ... legitimacy of the said child.
The petitioner in the application for DNA test of the said child
has alleged that in family meetings held
