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2001 Supreme(Del) 1767

V.S.AGGARWAL
X – Appellant
Versus
Z – Respondent


Advocates Appeared:
A.S.CHANDHIOK, ANURADHA DUTTA, Divya Kapur, Ravinder Sethi

V. S. Aggarwal

( 1 ) THE main question which craves for an answer is as to whether the petitioner can resist the request of respondent No. 1 for directing the pathology Department of the All India Institute of Medical Sciences, New Delhi to prepare a slide containing the blood cells of respondent No. 1 and calling for the slides and blocks of the case relating to the petitioner and order a DNA test with a view to ascertain if respondent No. 1 is the father of the foetus. The petitioner s claim is that such an order would infringe has constitutional right of her privacy.

( 2 ). The present application under consideration arises as a result of the following facts. The petitioner has filed a petition for dissolution of marriage on the ground of cruelty and adultery against respondent No. 1 under Section 10 of the indian Divorce Act. The said petition is being contested on the ground of counter- allegations of similar nature.

( 3 ). Respondent No. 1, by virtue 6f I. A. 3804/99 contends that case of the petitioner is that respondent No. 1 had adulterous affair with respondent No. 2 and the respondent No. 1 on the contrary asserts that petitioner had adulterous affairs with one Jose Thoma
























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