IN THE HIGH COURT OF DELHI AT NEW DELHI
GITA MITTAL & I.S. MEHTA, JJ.
‘W’ – Appellant
Versus
‘H’ & ANOTHER – Respondents
MAT. APP (F.C.) No. 17 of 2016 & C.M. No. 5064 of 2016
Decided On : 26-08-2016
GITA MITTAL, J.
1. By way of the instant appeal under Section 19 of the Family Court Act, 1984, the appellant wife assails the order dated 28th January, 2016 passed by the Principal Judge, Family Courts, New Delhi in HMA No. 223/2015 whereby the trial court allowed an application under Section 151 of the CPC moved by the respondent No. 1 husband seeking a DNA test of the appellant and the minor child.
2. Before examining the impugned order, we propose to notice the essential facts which emerge from the family court record and give rise to the present appeal. Marriage between the appellant and the respondent No. 1 was solemnised on 3rd December, 2007 in accordance with Hindu rites and ceremonies at the Ashoka Hotel, Chanakyapuri, New Delhi.
3. At the time of the marriage, H-respondent No. 1 was serving as an officer of the Indian Administrative Services (IAS) in the Nagaland Cadre and was posted at District Mokokchung, Nagaland while the appellant was residing with her parents, continuing her studies, and preparing for the civil services examination. The appellant also qualified the IAS examination in the year 2009 and was allotted the U.P. Cadre of the Indian Administrative Services. On this basis, the respondent No. 1 applied for change of cadre and, in the middle of June, 2011, was relieved of his charge in Nagaland and was posted as District Magistrate in Lakhimpur, Kheri District in U.P.
4. In July, 2012, the respondent was transferred as a District Magistrate, Bareilly while the appellant was appointed as a Chief Development Officer of District Lucknow. In February, 2013, the appellant was transferred as a District Magistrate, Pilibhit.
5. It appears that a decision was taken by the H & W to seek dissolution of their marriage. On the 1st of October 2014, a joint petition was filed by H-the respondent No. 1 (as petitioner No. 1) and W-the appellant (as petitioner No. 2) under Section 13B (1) of the Hindu Marriage Act, 1955 seeking dissolution of marriage of the parties by a decree of divorce by mutual consent which was registered as HMA No. 1099/2014 at the court of the Principal Judge, Family Courts, Saket, New Delhi. We extract hereunder certain material averments made in this joint petition:-
“6. However, while there have been, because of temperamental difference and incompatibility, reduced time of cohabitation and living together and also occupational placements, the parties, for the last one year, have been residing separately.
7. That a child named (Baby X) was born on 6.10.2013 at Lucknow and the child is in custody of the mother at Sultanpur.
8. That the petitioner No. 1 (sic. husband) is presently posted as District Magistrate in Aligarh and the petitioner No. 2 (sic. wife) is posted as District Magistrate, Sultanpur. Both the petitioners are well settled in life.
9. That due to temperamental differences, parties to the present petition have not been able to live in cordial atmosphere at the matrimonial home.
10. That the parties are living separately from each other for more than a year and there has been no resumption of any cohabitation between them, nor there is any chance for the same.
xxx xxx xxx
13. That the parties have resolved their disputes and differences and it has been specifically agreed by the petitioner No. 1 and petitioner No. 2 that petitioner No. 2 or her relatives shall not claim anything from petitioner No. 1 (or his relatives) in any court of law in India and outside India. Likewise, petitioner No. 1 shall make no claim from petitioner No. 2 (or her relatives).
14. That it is agreed between both the parties that petitioner No. 2 neither be entitled to any amount from petitioner No. 1 (as she has voluntarily relinquished all her claims against petitioner No. 1) nor shall claim any right in any of his assets, movable or immovable, in any manner whatsoever in India or outside India, past, present and future. Similarly, petitioner No. 1 has relinquished all his claims, past, present and future aga
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