This Revision Petition is preferred against the order dated 7-9-2004 in I.A. No.671 of 2004 in O.P.No.720 of 2002 under which the learned Judge, Family Court, Hyderabad, directed the revision petitioner to subject herself to DNA test along with her daughter at Centre for D. NA, Finger Print and Diagnostics, E.C.I.L. Road, Nizamabad.

2. The facts, in brief, are as under:

The marriage between the revision petitioner (hereinafter referred to as the wife) and the first respondent (hereinafter referred to as the husband) was performed on 23-5-2002 as per Hindu rites and customs at Nizamabad. On 16-9-2002, the husband filed O.P.No.720 of 2002 in the Family Court, Hyderabad, under Section 12(1)(d) of the Hindu Marriage Act, 1955 (for short the Act) to declare the marriage as null and void on the ground that the wife was pregnant by some other person at the time of the marriage. It is alleged that their marriage was not consummated at all and on 31-5-2002 when he along with his wife went to visit a temple, the wife hoodwinked him and fled away with the second respondent herein, who is no other than her own brother-in-law. Thereafter he came to know that the wife was having illicit intimacy with the second respondent and that she was pregnant through the second respondent by the date of their marriage itself. Hence, the marriage is liable to be declared as null and void under Section 12(1)(d) of the Act.

3. The wife filed a counter denying the allegations and pleading that the marriage was consummated on 23-5-2002 itself and since then they continued to live together as husband and wife. It was also specifically pleaded that she was pregnant through her husband after marriage. She also expressed her readiness and willingness to join the husband and prayed that O.P.No.720 of 2002 may be dismissed.

4. During the pendency of O.P. No.720 of 2002, the wife gave birth to a female child on 28-2-2003. Thereafter, during the course of trial, the husband filed I.A.No.671 of 2004 to refer the wife to the Centre for DNA and Finger Print and Diagnostics along with the daughter born to her for DNA test alleging that the plea of the wife in the counter-affidavit in the main O.P. that she became pregnant after the marriage through the husband is false. While reiterating that their marriage was not consummated at all, it was alleged that the wife had illicit intimacy with the 2nd respondent and the daughter was born through him only and that the wife was pregnant by the date of the marriage itself. It was pleaded that the DNA Test would conclusively establish whether the child was born through him out of wedlock or whether she was born through the 2nd respondent.

5. The said application was opposed by the wife specifically denying the allegation that the husband did not have sexual intercourse with her at all. She also contended that the D.N.A. Test as sought by the husband is not at all necessary to decide the question involved in the main O.P. since the legitimacy of the child is not the matter in issue.

6. The Court below, having heard both the parties, by order dated 7-9-2004 held that it is a fit case where the wife along with the daughter should undergo D.N.A. test. Accordingly the petition was allowed with a direction to the wife to appear before the Director, Centre for D.NA, Finger Print and Diagnostics along with the child on 15-9-2004 for D.N.A. test and that a confidential report should be submitted to the Court by 24-9-2004.

7. Aggrieved by the said order, this Revision Petition is filed by the wife under Article 227 of the Constitution of India.

8. I have heard the learned counsel for both the parties and perused the material on record.

9. The learned Advocate for the Revision Petitioner/wife contended that for the purpose of the relief sought in the main O.P. it is not necessary to direct the parties along with the child to undergo DNA test. The learned Counsel further contended that since the legitimacy of the child is not the matter in iss