PREETI MIRANIYA Vs. SANJAY MIRANIYA

JUDGEMENT

(1.) This revision petition has been brought being aggrieved by the order dated 28.08.2018 passed by the learned Additional Principal Judge, Family Court, Bilaspur, C.G. in M.JC. No.394/2017.

(2.) The petitioners have filed an application under Section 125 of Cr.P.C. which is pending before the Family Court, Bilaspur. The respondent/nonapplicant filed an application praying to conduct D.N.A. test for determining the parentage of applicant No.2. On the date of hearing i.e. 28.08.2018, it was submitted on behalf of applicants that they do not want to file any reply and they also do not have any objection on the application of the non-applicant, on that basis the application was allowed and order was passed for conducting D.N.A. Test. The applicants have not submitted to the D.N.A. test, which is yet to be conducted and instead of that, this revision petition has been filed challenging the legality, correctness and propriety of that order passed.

(3.) It is submitted by the learned counsel for the applicant that on 28.08.2018, the applicants were not assisted by any amicus curiae, therefore, without giving consideration to the consequences of such D.N.A. examination, the statement of no objection was made by her. The applicant No.1 has now realized that the effect of the D.N.A. test may be of branding a child as a bastard and mother as an unchaste woman, therefore, the applicants cannot be compelled to submit to D.N.A. Test.