B. S. Srinivas VS Neelamma @ Manasa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJESH RAI K.
B. S. Srinivas – Appellant
Versus
Neelamma @ Manasa – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Sri Arunkumar Amargundappa, Advocate

ORDER (ORAL)

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to set aside the order dated 21.05.2025 passed on I.A.No.III in Crl.Misc.No.227/2024 on the file of Prl. Judge, Family Court, Raichur.

2. The factual matrix of the case is that, petitioner is the husband of respondent No.1 and their marriage was solemnized on 25.05.2022 and out of the wedlock, they begotten a child, namely, Anushka, now aged about 1 year. Subsequently, due to the matrimonial dispute, a petition was filed by respondent No.1-wife under Section 125 of Cr.P.C. for grant of maintenance. In the said case, after entering the appearance of respondent i.e., petitioner herein, filed the application-I.A.No.III under Sections 39 and 116 of BSA, 2023 r/w Section 12 of Family Courts Act, to conduct DNA test of the child. Hence, this petition.

3. It is the contention of the learned counsel for the petitioner that, though the petitioner has not denied the marital status, however, child-Anushka was not born to the petitioner. The petitioner and respondent No.2 were lived together for few days and there was no continuous cohabitation between them. As such, he suspected the pater

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