The court can grant interim relief, including a DNA test, based on prima facie evidence and the interest of justice. The court may impose conditions to safeguard the interests of the parties involved.

JUDGMENT :

Dr. 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 plaintiff was living happily with his mother and father and defendant no. 1 was also visiting Sujan Bungalows at Shreyas Foundation, Ambawadi, Ahmedabad, where other members of the family were residing. It is also contended that defendant no. 1 being natural father of the plaintiff, he was represented as son of defendant no. 1 in the school where he was studying and also applied for certificate of Socially and Economically Backward Class. He was also shown as family member in the ration card. It is also alleged that defendant no. 1 all throughout accepted the plaintiff as son in all the documents, wherein name of defendant no. 1 has been mentioned as the father of the plaintiff. It is also alleged that present defendant no. 1 has also accepted Gitaben, sister of present plaintiff as his daughter, who happens to be daughter of earlier husband of Smt. Manjulaben. It is also alleged that defendant no. 1 also attended various ceremonies of relatives of the plaintiff. It is alleged that suddenly defendant no. 1 has refused to enter the name of present plaintiff as a member of his family in family directory of Mevada Dotor Community, as also refused to recognize present plaintiff as son, due to that he has filed present suit.

2.1. According to the plaintiff, DNA test is essential for confirmation of status of defendant no. 1 as the father of the plaintiff, which will give him right to live life with dignity and free from stigma. Contending all these facts, the plaintiff has sought for interim relief directing defendant no. 1 to undergo DNA test. It is also contended that earlier he has filed petition under Article 226 of the Constitution of India being Special Civil Application No. 8774 of 2014, wherein this Court has asked the plaintiff to approach trial Court and, therefore, he has withdrawn the same. Thereafter, he has filed the suit with an application for DNA test of defendant no. 1.

2.2. It appears that, after hearing both the sides, learned Judge of the Family Court has passed the order directing defendant no. 1 to undergo DNA test as prayed for by the plaintiff.

3. Being aggrieved and dissatisfied with above order, defendant no. 1 has filed this appeal, inter alia, contending that the plaintiff has not produced any prima facie proof that he is son of the appellant-defendant no. 1. It is also contended that defendant no. 2 is having three siblings and only the plaintiff has filed the suit. It is also contended that plaintiff's mother was duly married with Shri Bhimjibhai. It is also contended that no one can be compelled to give sample of blood for analysis. It is also contended that same prayer has been asked for in the suit itself and if the prayer in the nature of interim relief is granted then it will amount to passing the decree at interim stage