IN THE HIGH coum" OF KARNATAKA AT BANGALO§'<"E
DATED THIS THE 16"' my OF SEPTEMBETg;2oo9:. [ _
BEFORE
THE HON'BLE MRJUSTICE MOHAN 5:;5{A~fQTA!§jAéC§}E5g-a.j:"
WRIT PETITION NO'.T2:?'"é32/2OQ9{6AM.%FC)"
BETWEEN: .'
Vasaram Naik
Aged about 48 years
S / 0 Narasinga Nail:
Lab Assistant
Kendriya Vidya'iay.:f ' _ _ V
Nandyala Rdad, V Camp ._
Kurnool, Andi3Ta'--P'r;.1desh"T V "
Now at Bafigalofife. "5: ' _ ..Petitioner
(By Sri Naik & Associates]
£_.&N....l._3_: _
" < ._Smt': Rgijamma Rajeshwari
gag about 40;/_ears _
' - EAW,/. 0"Vasaram'a. A Naik
R/aT.3JoE;£;.35.<.VVUniashankar Nilaya
Near Jain "£'empE'e, 31" Cross
T. Da=sara_ha1li';'Bangal0re--56. ..Respondent
V. n I writ petition is filed under Articles 226 and 227 of
_the’ «Coalstitution of India, praying to quash the order dated
w.=13438~2009 on IA filed under Section 293 of CR.P.C. in
W2″
C.Misc.l\§o.622/2003 c/w. M.C.No.5I9/2005 by the I Addl.
Principal Judge, Family Court, Bangalore produced at
Annexiire–F and allow the application filed by the petitioner
under Section 293 Cr.P.C. in C.Misc.No.622/2003…’ ,
This writ petition coming on for
this day the Court made the following?»
Petitioner is the husband of the
marriage was solemnized between V. thtepm»
According to the pe~titioner,” deserted by the
respondent from she had illicit
relationshipiwitihjoneifleerailaisishnjiana the second child
is born out Hence, the petitioner-
hushvandv the Court below under
Section for a direction to conduct DNA
Test _for Slldeterrnining lithe paternity of the child. Said
r _ apjpliicyationpp is dlisrriissved by the impugned order.
is the reply of the petitioner herein. it is an
ad’mitted’d’ocument. in the said reply notice, the petitioner
i.h.erein”‘ has clearly admitted that he lived with his wife
S h’ap’pily for some time and they got two female children out of
‘§’/)
_ 3 _
their wedlock. It is not in dispute that the respondent herein
has got only two children. Thus, the petitioner herein has
unambiguously admitted that the two chiEdren..~a.reA»
of the wedlock between himself and the If lit./igl’
so, conducting of DNA Test ZIP? c’l1.i1:db’–yisvltotally it
unnecessary.
Moreover, this Court as have
repeatedly held in Catena thatlxconducting of
DNA Test to determine in maintenance
matters, shoul;rlLn’ot to. In this matter,
as himself admitted that
two ‘i)ornfiou,t’ of the wedlock between himself
and the ll
‘V in View of the same, no interference is called for with
imptigiaed order. Hence, writ petition fails and
.at’:cording1y sjarhe is dismissed.
Sd/-5
JUDGE
ll ;*ck/bsn–