JUDGMENT

Manish Pitale, J. - By this Writ Petition, the Petitioner has challenged the order dated 02.07.2020 passed by the Court of Adhoc Civil Judge, Senior Division at Mapusa, whereby an application (Exh. D-16) filed by the Petitioner for DNA test in order to determine the paternity of the child, has been rejected.

2. The Petitioner is the wife while the Respondent is the husband. The matrimonial relations between them have turned sour. There is an application filed for custody of the six year old child which is pending before the Court below. The interim custody of the child is granted to the Respondent (father of the child).

3. In the pending application for grant of custody of the child, the Petitioner moved the aforesaid application seeking DNA test of the child in order to determine the paternity. This application was opposed by the Respondent, inter alia, on the ground that the application was vague and there was no positive statement as to who was the real father of the child. It was also contended that directing such a test could be against the interest of the child.

4. By the impugned order, the Court below has rejected the application. The Court has referred to presumption