Mrs. Sabina, J.: - Petitioner has filed this petition challenging the order dated 05.02.2015, whereby application moved by the petitioner for conducting Deoxyribonucleic Acid (DNA) test of respondent No.1 with Ram Dulari, has been dismissed.

2. Learned counsel for the petitioner has submitted that in order to ascertain that respondent No.1 and Ram Dulari were brother and sister and were children of Sai Dass and Soma Devi, it was necessary to conduct DNA test. In support of his argument, learned counsel has placed reliance on Dipanwita Roy versus Ronobroto Roy, [2014(4) Law Herald (SC) 3301 : 2014(5) Law Herald (P&H) 3850 (SC) : 2014(2) Marriage L.J. 258 (SC)] : 2015 (1) AIR Bom.R 231, wherein it was held as under:-

“10. It is borne from the decisions rendered by this Court in Bhabani Prasad Jena (supra), and Nandlal Wasudeo Badwaik (supra), that depending on the facts and circumstances of the case, it would be permissible for a Court to direct the holding of a DNA examination, to determine the veracity of the allegation(s), which constitute one of the grounds, on which the concerned party would either succeed or lose. There can be no dispute, that if the direction to hold