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2019 Supreme(Guj) 600

A.P.THAKER
Amrtulal Amthabhai Mistri – Appellant
Versus
Ashwinkumar Amrutlal Mistri – Respondent


Advocates Appeared:
For the Appellant : Abhisst K. Thaker
For the Respondent: Bharatkumar K. Vizoda, Amritlal N. Vinzoda and Nikhilesh J. Shah

JUDGMENT :

A.P. Thaker, J.

1. Being aggrieved and dissatisfied with order dated 6.3.2019 passed by learned Family Court at Ahmedabad in the Family Suit No. 1918 of 2016, whereby the appellant is directed to undergo DNA test, the appellant has preferred present appeal.

2. The brief facts of the case are that the plaintiff i.e. respondent no. 1 has instituted Family Suit No. 1918 of 2016 alleging that the appellant herein, who is defendant no. 1 in the suit is biological father of plaintiff, who has born from the relationship of defendant no. 1 and defendant no. 2. It is also alleged that defendant no. 2 Manjulaben got married with one Shri Bhimjibhai, who has died on 7.5.1979 and who happens to be the first husband of Manjulaben, mother of the plaintiff. It is also alleged that after the death of Bhimjibhai, first husband of defendant no. 2-Manjulaben, she got married with Amrutlal, defendant no. 1, as per the Hindu rituals at Mahakali Temple, Dudheshwar, Ahmedabad, and thereafter they were living as husband and wife openly in the society. It is also alleged that out of said wedlock with Amrutlal, Manjulaben gave birth to present plaintiff on 23.5.1981. It is also alleged that the plai

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