J U D G M E N T

P.G.Ajithkumar, J.

The respondent in O.P.No.175 of 2022 on the files of the Family Court, Pala has filed this original petition under Article 227 of the Constitution of India. She seeks to set aside Ext.P8 order of the Family Court by which a Deoxyribonucleic acid (DNA) test of blood samples of the respondent and the child Yealia Gerard Mosze was ordered.

2. On 08.12.2022, notice on admission was directed to be served on the respondents. An interim stay of further proceedings in O.P.No.175 of 2022 for a period of one month was ordered on the same date. The interim order was extended from time to time.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

4. A DNA test may be required in a family dispute if paternity is in question. Report of DNA test is the opinion of an expert relevant under Section 45 of the Indian Evidence Act, 1872 . Need to have evidence or opinion pertaining to a fact arises if that fact is required to be proved. Proof is needed when a fact is in dispute. An admitted fact need not be proved for, Section 58 of the Evidence Act dispenses with proof of an admitted fact.

5. The respondent has