JUDGMENT

B.K. Misra, J. —The petitioner who was the opposite party in Civil Proceeding No.166 of 2004 pending in the Court of learned Judge, family Court, Cuttack challenges the propriety of the order passed by the said Judge, Family Court, on 15.2.2011 directing the petitioner as well as the opposite party so also their child to undergo D.N.A. test with regard to the determination of the paternity of the child in question.

2. Before going to examine the propriety or impropriety of the impugned order of the learned Judge, Family Court, Cuttack, it will be worthwhile to mention the cases of the parties in brief. According to the husband-petitioner, he married the opposite party-wife on 24.2.2003. But according to the petitioner, there was no relationship between them and the opposite party behaved differently in maintaining conjugal relationship and ultimately the opposite party-wife was taken by her father to’ his house on the pretext of some custom. The further case of the petitioner is that he came to know that his wife has given birth to a male child in S.C.B, Medical College Hospital, Cuttack on 9th November, 2003. The apprehension of the petitioner is that the opposite party w