Sadhana Sinha vs Arvind Kumar Sinha on 8 September, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Miscellaneous Appeal No.321 of 2010
                                    Sadhana Sinha
                                         Versus
                               Arvind Kumar Sinha
                            ----------------------------------

18. 8.9.2011 Heard in part Mr. R. K. Verma for the

appellant, and Mr. Sunil Singh for the respondent.

After hearing progressed, we felt that the parties

along with the boy allegedly born out of their union should

be subjected to a D.N.A. test. In fact, the plaintiff (the

respondent herein) had filed an application before the

learned Family Court, Patna, for this purpose, which was

deferred by the order dated 14.10.2009. It prima-facie

appears to us that the learned Family Court ought to have

passed the order for D.N.A. test at that stage itself.

We direct that the appellant, the respondent, and

Ravi Kumar Sinha alias Sippu, the boy allegedly born out

of their union, appear before the Civil Surgeon, Patna, on

14.9.2011, at 12 noon, along with a copy of the present

order. The plaintiff (the respondent herein) shall meet the

cost of D.N.A. test which may be conducted at the Centre

for DNA Finger Printing and Diagnostics (CDFD), the

laboratory set up by the Government of India at
2

Hyderabad. The Civil Surgeon, Patna, shall follow the

prescribed procedure in obtaining the report of the said

laboratory at Hyderabad, and submit the same to this Court

along with his own comments, if any, within a period of

six weeks.

Let copies of this order be handed over to the

learned counsel for the parties forthwith.

Put up on 8.11.2011, at 10.30 A.M.

                                    ( S. K. Katriar, J.)


Vinay/                          (Ahsanuddin Amanullah,J.)