V.S.AGGARWAL
X – Appellant
Versus
Z – Respondent
( 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
REFERRED TO : Polavarapu Venkataswarlu v. Polavarapu Subbayya
Relied on : Sabayya Gounder v. Bhoopala Subramaiam
Sadashiv Mallikarjun Kheradkar v. Smt. Nandini Sadashiv Kheradkar and Another
Contain Kundu v. State of West Bengal
Kharak Singh v. State of U.P. and Others
Rajagopal @ R.R. Gopal v. State of T.N. And Others
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