CR-214-2023 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-214-2023 (O&M)

Date of decision: 16.01.2023

Raj Kumar

...Petitioner

Versus

Veerpal Kaur @ Sanjana Goyal and another

...Respondents

CORAM:

HON'BLE MR.JUSTICE H.S. MADAAN

Present:

Mr. Ravi Gakhar, Advocate for the petitioner.

*****

H.S. MADAAN

, J. (Oral)

Briefly stated facts of the case are that in a divorce petition

brought by Raj Kumar against his wife Veerpal Kaur @ Sanjana Goyal

and one Pardeep Singh pending in the Court of Addl. Principal Judge,

Family Court, (Holding Camp Court), Khanna, the petitioner/husband

had filed an application for issuance of direction to the respondent-wife

to bring minor children of the parties namely Master Buvan Goyal and

daughter Ms. Himanshi Goyal to Government Hospital for undergoing

DNA test, alleging that both the children born from womb of respondent

Veerpal Kaur @ Sanjana Goyal were not from loins of petitioner/husband

Raj Kumar, necessitating holding of DNA test of two minor children.

The application was not opposed by respondent No.1 subject

to the test being got conducted from Government Hospital.

However, the petitioner/husband had moved another

SUMIT KUMAR

2023.01.19 11:24

I attest to the accuracy and

authenticity of this order/judgment

CR-214-2023 (O&M)

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application for issuing direction to SMO, Civil Hospital, Khanna to send

the DNA samples of minor children for test to Centre for DNA

Fingerprinting and Diagnostics (CDFC) Inner Ring Road, Hyderabad,

Telangana. Inter alia, in the application, the petitioner stated that he is

ready to bear the expenses for sending the samples to the aforementioned

institute at Hyderabad, Telangana.

However, counsel for the respondents suffered a statement to

the effect that he has no objection if DNA test is allowed, however, a test

be separately got done from Shri Ram Institute for Industrial Research (A

Unit of Shivam Scientific and Industrial Research Foundation),

Bangalore. That applications were disposed of by Addl. Principal Judge,

Family Court, Ludhiana/Camp at Khanna, vide impugned order dt.

04.11.2022. The operative part of the order runs as follows:-

“The perusal of file shows that the petitioner-husband

is seeking divorce on the ground of adultery etc. The

respondents appeared and filed written statement. At this

stage, the applications in hand were filed. Considering the

allegations as well as no objection, the applications for DNA

test through Government Hospital are allowed and the

parties are directed to appear before the Civil Hospital,

Khanna, within next 30 days from today and the necessary

sample be drawn after following the due procedure and on

payment of requisite charges by the side of petitioner,

however, the later request of the respondent no.1 that one

sample be sent to Shri Ram Institute for Industrial Research

(A Unit of Shivam Scientific and Industrial search

Foundation) 14-15, Sadar Mangla Industrial Area White

Field Road, Bangalore 560048 is declined as the test should

be got done through the Government agency and at this

stage, the respondent no.1-wife cannot dictate her terms and

should not doubt the veracity of the Government Lab.

Moreover, no plausible reason has been putforth as to why a

Government agency cannot be relied upon. Nothing

expressed herein shall effect the merits of the case.”

SUMIT KUMAR

2023.01.19 11:24

I attest to the accuracy and

authenticity of this order/judgment

CR-214-2023 (O&M)

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This order left the petitioner/husband aggrieved and he has

approached this Court by way of filing the present revision petition.

I have heard learned counsel for the revision petitioner

besides going through the record and I do not see any merit in the

revision petition. The order under challenge is quite detailed and well

reasoned, does not suffer from any illegality or infirmity, rather, it does

not have any element of arbitrarin