IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR MCRC No. 15806 of 2024 (SMT. DEEPA MISHRA AND OTHERS Vs ASHUTOSH SHARMA)

Dated : 02-07-2024 Shri Aditya Sharma - Advocate for the petitioner.

Smt. Uma Kushwah - Advocate for R-1.

The present petition under Section 482 of Cr.P.C is preferred against the order dated 23.03.2024 passed by Fourth Additional Sessions Judge, Dabra District Gwalior in CRR No.10/2024, whereby the order dated 02.11.2022 passed by Judicial Magistrate, First Class, Dabra District Gwalior in Maintenance Case No.112/2020, wherein the application under Section 45 of the Indian Evidence Act for conducting the DNA test for the paternity of petitioner no.2 was denied, was reversed and the DNA test was directed to be conducted.

2. Aggrieved by the aforesaid order, a revision was preferred on the ground that the learned Lower Court has misdirected itself in not construing the provisions of Section 112 of the Indian Evidence Act in its right perspective wherein it has been specifically provided that any person born during the continuance of valid marriage between his or her mother and any men or within 280 days after its dissolution, the mother remaining unmarried, it would be