Declaratory suit with permanet injunction

Medha Bhattacharyya (Querist) 17 September 2013 This query is : Resolved
A husband filed a suit for declaration and injunction before Civil Judge,Jr.Division, against his wife and baby child that the woman are not his wife and the baby was born due to illicit relation with other person.The woman has no documental evidence about her alleged marriage.She wants to prove the DNA test under Order-26 Rule-10A of C.P.C.of the baby child with her alleged husband.Now my question is:Whether the woman will ask the court under the above referred Provision of C.P.C.?Whether there are any supportig ruling in this matter to support the woman contention of DNA test?The woman fighting this case through legal aid of District Court.Please help her in this matter by citing appropriate ruling with opinion.

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Advocate M.Bhadra (Expert) 17 September 2013

The only way to sort out the ticklish issue about the legitimacy or illegitimacy of the child is through a proper DNA test. According to this Court in the case of Smt. Modi Vs. Latoor Lal [2004 (2) WLC (Raj.) 625], this Court had observed that in case the paternity of the child is under challenge, it is better to direct the parties to undergo a DNA test.

another citation:------

Ram Lal Vs. Smt. Savita & Anr.

(S.B. Criminal Revision Petition No.94/2010) S.B. Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C.

Date of Order :- May 25, 2011 PRESENT

HON'BLE MR. JUSTICE R.S. CHAUHAN

Mr.U.S. Gehlot, for the petitioner.