Manu vs Krishan Chand

Swatanter Kumar, J. (Oral)

Both the petitioner and respondent are present alongwith their counsel in Court. They submit that without prejudice to their rights and contentions in the proceedings pending before the trial court, this petition is disposed of by a consented order to the following effect :

(i) The respondent is willing to undergo the D.N.A. test of C.C.M.B. (Centre for Cellular and Molecular Biology) Hyderabad, at the cost of the petitioner;

(ii) The petitioner, her child and the respondent shall go together to Hyderabad to enable the Laboratory concerned to take blood samples of all the three concerned for performing D.N.A. Test. All the expenses including the (sic) borne by the petitioner;

(iii) If the test is negative, that is if it is not favourable to the petitioner, then the petition filed under section 125 Cr.P.C. against the respondent shall be deemed to have been dismissed and the petitioner will not file any other proceedings against the respondent, on the ground that her child, namely Master Manu is in fact the child of herself and the respondent and not her lawfully wedded husband (i,e. brother of respondent). The petitioner shall be liable to pay costs of Rs. 1500/ qua this petition, irrespective of the result of the Laboratory at Hyderabad.

Upon the deposit of the requisite expenses by the petitioner, the Centre for Cellular and Molecular Biology, Hyderabad, is directed to conduct the D.N.A. test, in accordance with rules. The report be submitted within three months from today.

The parties are directed to visit Hyderabad on 19.12.1996.

The above terms being the consented terms shall form part of the order of this Court and would be treated as the undertaking to Court.

With the above observations, this petition stands disposed of.