Vinod K.Sharma, J.

1. CM No. 24153-CII of 2004

This is an application under section 151 of the Code of Civil Procedure for conducing DNA test of the children. It is averred in the application that the respondent is not the wife of the appellant nor the children have any concern with the appellant, but in view of the impugned judgment and decree he is being harassed. It is prayed that that in order to establish the paternity of the children DNA test be got conducted. Application is opposed.

2. The respondent/wife had filed a petition under section 9 of the restitution of conjugal rights which stands allowed.

3. The applicant had an opportunity to ask for DNA, test but he chose not to do so. No reasons have been given as to why the relief claimed could not have been asked for in the learned matrimonial court.

4. The application deserves to be rejected in view of the law laid down by Honble Supreme Court in the case of Smt. Kanti Devi and another v. Poshi Ram, 2001(3) RCR(Civil) 587 : AIR 2001 SC 2226 and AIR 1993 SC 229. In view of the authoritative pronouncement referred to above there is no merit in the application.

Dismissed.

FAO No. 284-M of 2004

5. This is husbands appea