JUDGMENT :

Biswanath Rath, J.

This is an application under Article 227 of the Constitution of India involving a challenge to the order dated 15.10.2014 under Annexure-8 being passed by the Judge, Family Court, Cuttack in C.P. No.7/2006 thereby rejecting an application at the instance of the petitioner-husband for issuing direction for D.N.A. test involving the opposite party-wife arising out of the main dispute for divorce being sought for by the husband, the petitioner.

2. Background involving the case is that the petitioner-husband filed an application before the Family Court, Cuttack under Section 12 of the Hindu Marriage Act to declare the marriage between the petitioner and the respondent as void on the premises that the wife-respondent had conceived and was already pregnant at the time of marriage by a person other than the husband, which fact was not within the knowledge of the petitioner at the time of marriage. The husband filing the application alleged that even the petitioner had no knowledge of pregnancy of the wife till actually the child was born and the petitioner had not lived with her nor there is any marital intercourse after discovery by the petitioner about the fac