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1995 Supreme(Bom) 323

R.G.VAIDYANATHA
Sadashiv Mallikarjun Kheradkar – Appellant
Versus
Nandini Sadashiv Kheradkar and another – Respondent


JUDGMENT - R.G. VAIDYANATHA, J. :---An interesting question of law arises in this petition regarding the powers of the Court in ordering the blood examination when there is dispute about the parentage of the child. This writ petition is directed against the Order dated 21-10-1993 below Exhibits 46 and 52 in H.M. Petition No. 119 of 1988. Rule returnable forthwith. By consent of both the Counsel, the petition is taken up for final hearing. I have heard both the Counsel at length.

2. Few facts which are necessary for the disposal of this petition are as follows :

The petitioner-husband filed a petition in the trial Court for a decree for divorce against his wife, the first respondent. The alleged paramour of the first respondent is made as respondent No. 2.

The main allegation in the petition is that after marriage which took place on 8-3-1983, the petitioner and the first respondent were residing at Kolhapur. It is stated that the wife deserted the petitioner and left the matrimonial home and went away to her parents house on 27-5-1983. There is no co-habitation between the petitioner and the first respondent after 27-5-1983. It is further alleged in the petition that even from Febru


























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