- (1.) This appeal has been filed by appellantSushil Kumar challenging the order of the learned Additional District Judge No.1, Bharatpur dated 17/3/1999 whereby, his petition seeking divorce filed under Section 12(1)(d) of the Hindu Marriage Act, 1955 (for short, the 'Act of 1955') was rejected. The ground on which the petition of divorce was filed was that marriage of appellant and respondent solemnized on 8/5/1993 and respondent-wife gave birth to a male child on 14/10/1993 within five months & six days of the marriage. Respondent was thus pregnant at the time of marriage from some other person than appellant. As such, prayer was made for declaring their marriage a nullity in terms of Section 12(d) of the Act of 1955.
(2.) Appellant in support of his case, got the statements of AW1 Sushil Kumar himself, AW2 Dr.Sohan Lal and AW3 Pappu recorded whereas, respondent recorded her own statement as NAW1 Minto Kumari, NAW2 Dwarka Prasad and NA3 Sita Ram in support of her case. Learned Additional District Judge dismissed the petition by the impugned order.
(3.) Shri R.P. Garg, learned counsel for the appellant has at the outset invited attention of the court towards the order passed by this Court on 1/2/2011 by which appellant, respondent and son Sheel Kumar were directed to appear before the Superintendent of SMS Hospital, Jaipur on 21/2/2011 and the Superintendent of that Hospital was directed to get the DNA Test of the aforesaid three persons through doctor and submit report of DNA test to the court. Doctor opined in that report that Sheel Kumar was not the biological son of appellant Sushil Kumar.;