Anil Kumar Sinha, J. – The only issue that arises for consideration in this case is whether a direction should be given for conducting the DNA Test on one Khushi Kumari, a minor daughter of the respondent to ascertain her biological connection with the petitioner who denies that he is not Khushi Kumari’s biological father to prove the allegation of infidelity brought by the petitioner against the respondent in a Divorce Case. The petitioner seeks to establish that Khushi Kumari was born of illicit relationship between his wife and another person. The paternity of the child is not a question in this case, thus, is only incidental to the main issue which pertains to whether or not the petitioner’s wife has been faithful to him. To substantiate the ground of adultery, on which the divorce is being sought along with other grounds, the case of the petitioner is that Khushi Kumari is the living example of adultery of his wife. The petitioner has not only pleaded that he had no contact with his wife/respondent at the time she conceived i.e., in 2005, but also claims that he is incapable of fathering a child and had been so in the entire course of marriage.

2. The petitioner has filed the p