As numbered hereinearlier, the said appeal is pending decision in the High Court.
Feeling aggrieved by this Order, the wife appellant has companye up to this Court by way of a Special Leave Petition, which on grant of leave, was heard in presence of the learned companynsel for the parties.
It was the appellant who objected to this application stating inter alia that the child was born from the wedlock of the parties and it was also brought to the numberice of the High Court that the husband respondent did number deny the paternity of the child while the suit was pending before the trial Court.
In the impugned order in the pending first appeal, the High Court had directed DNA test of the child of the parties to be performed.
803 of 2007, which arose in a pending first appeal, which has been th filed against the Judgment and order dated 7 of December, 2006 passed by the Additional District and Session Judge, District Mandsor, Madhya Pradesh.
However, a child was born in the month of November, 2004 to the parties.
In the year 2004, the husband respondent filed an application being HMA No.
The facts leading to the filing of this appeal in this Court are as follows The marriage of the wife appellant was solemnized with th the husband respondent on 20 of April, 1999.
But after sometime, the husband respondent started harassing the wife appellant on various issues and she was subjected to cruelty and eventually, she was turned out of her matrimonial home.
The parties entered appearance and issues were framed and th finally, the trial Court, by its Judgment and decree dated 7 of December, 2006, dismissed the petition filed by the husband respondent against which, the husband respondent had filed an appeal before the High Court of Madhya Pradesh at Indore Bench under Section 28 of the Hindu Marriage Act.
7 C of 2004 under Section 13 of the Hindu Marriage Act in the Court of Additional District and Session Judge, District Mandsor, Madhya Pradesh.
In the said pending appeal, an application was made by the husband respondent for an order to perform DNA test of the child born in the month of November, 2004 on the ground that such child companyld number be taken to be a child born out of the wedlock of the parties.
TARUN CHATTERJEE, J. Leave granted.
This appeal is directed against the Judgment and order th dated 26 of June, 2008 passed by the High Court of Madhya Pradesh at Indore Bench in IA No.
