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2010 Supreme(AP) 259

GHULAM MOHAMMED
Buridi Vanajakshmi – Appellant
Versus
Buridi Venkata Satya Varaha Prasad Gangadhar Rao – Respondent


Advocates appeared:
For the Appearing Parties:S. Sridhar, K. Subrahmanyam, Advocates.

JUDGMENT :-

(1) This civil revision petition is filed against the order dated 5.3.2009 passed in IA No.35 of 2009 in OP No. 13 of 2007 by the Senior Civil Judge, Chodavaram, Vishakapatnam District, allowing the application filed under Section 45 of the Evidence Act, 1872, read with Section 151 CPC by the 1st respondent to subject the petitioner and her son including himself to undergo DNA test to determine the paternity of the son of the petitioner.

(2) The petitioner is wife and the 1st respondent is her husband, the above OP is filed by the husband-1st respondent herein for divorce on the alleged ground of petitioner leading an adulterous life with the 2nd respondent herein. The dispute between the parties relates to the identity of the child. The petitioner states that the child is the son of the 1st respondent, but the 1st respondent denies and disputes the same and states that the child is born out of adulterous life of the petitioner.

(3) The parties, petitioner and 1st respondent were married on 7.12.2002 at Lankavanipalem Village, K. Kotapadu Mandal and lived amicably for a period of 31/2 years and thereafter disputes arouse between the parties, as it is stated that the pet



















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