ORDER :

Deepak Kumar Tiwari, J.

1. This Petition has been filed for the following reliefs:-

“1 That, this Hon’ble Court may kindly be pleased to set aside the order dated 09.07.2024 passed by the Judge, Family Court, Balod (CG) in Misc. Criminal Case No.97/2023 in the case of “Smt Dipika Mandal & Anr vs. Abhishek Sarkar” and the application filed by the husband may kindly be allowed throughout cost.

2. That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.

2. Facts of the case in brief are that the Petitioner and Respondent are husband and wife whose marriage was solemnized on 24.01.2022 at Dallirajhara, District Balod. The wife along with her minor son has filed an application for grant of maintenance under Section 125 CrPC before the trial Court and in the said proceeding, the husband has also filed an application for conducting DNA test while denying the paternity of the child, which was dismissed by the order impugned. Hence this Petition.

3. Shri Tiwari submits that the learned Family Court has wrongly dismissed the application filed by the husband for conducting DNA test. He further submits that in the reply filed by the husband, a