The petitioner-Kavita is contesting respondent- Gurmer Singh s Petition seeking dissolution of their marriage, before the Matrimonial Court at Kathua. The dissolution is sought, inter alia, on the ground that the petitioner was living in adultery and had delivered a female child when the respondent had no access to her. To determine the respondent s entitlement or otherwise to dissolution of marriage, the parties were directed to lead evidence on issues which read thus:-

1. Whether non applicant Kavita was leading an adulterous life and had given birth to an illegitimate child, if so what was its effect? OPP

2. Whether the petition had not been filed in accordance with the provisions of Hindu Marriage Act, 1980 and as such, the same was liable to be dismissed? OPR

3. Relief.

After the respondent completed his evidence in the case, the petitioner was called upon to lead evidence in rebuttal.

During the pendency of the proceedings, the petitioner s prayer seeking directions to the respondent to undergo DNA Test was rejected by the Court on 21.08.2007.

The petitioner thereafter failed to produce any evidence in the case and her evidence was closed vide order dated 17.09.2007. She questioned

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