JUDGMENT :

Jyotsna Rewal Dua, J.

In the divorce proceedings pending between the petitioner (husband) and the respondent (wife) under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, the husband moved an application for conducting Deoxyribonucleic Acid (DNA) test of the child and the parties. This application was dismissed by the learned District Judge (Family Court), Shimla, H.P. on 07.04.2022. The petitioner seeks to assail this order in the instant petition.

2. Relevant facts:-

2(i). In October, 2018, the petitioner instituted petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act against his wife (respondent). Decree of Divorce was prayed for on the grounds of cruelty and desertion.

2(ii). The husband pleaded that marriage between the parties was solemnized on 19.05.2015. After the marriage, the petitioner and respondent lived together as husband and wife. They consummated their marriage only once on 21.07.2015. The baby was born to the respondent (wife) within eight months, on 14.03.2016. After the birth of the child, the respondent had stayed for a period of 11 days at petitioner’s home and then demanded separate residence at Shimla. The husband further submitted