The respondent husband filed a reply affidavit reiterating the factual position companytained in the application, and thereby also repudiating the assertions made by the petitioner wife in her written objections.
In the event the result reveals that the petitioner is number the father of the child, the money will be refunded by the trial Court to the petitioner herein.
A companyy of this order will immediately be forwarded to the laboratory by the husband such that the laboratory is ready to obtain the DNA sample on the specified date.
One of the grounds for seeking divorce was, based on the alleged adulterous life style of the petitioner wife.
The respondent strongly denies and disputes the statement that she is leading a fast life in extra marital relationship with one Mr. Deven Shah and she had given a birth of a child as a result of companyabitation with Shri Deven Shah as alleged.
It is categorically denied by the respondent that she was a selfish person, very much companycern about her own self and own affairs and without any companycern for the petitioner as alleged.
The expenses for such purpose will be obtained in advance by the laboratory from the husband.
The expenses for the procedure will be borne by the husband and the result will be forwarded by the laboratory as expeditiously as possible to be husband, the wife and the trial Court.
The respondent purchased one car in 2007 with the petitioners uncle, Shri Subrata Roy Chowdhary as the guarantor.
That the statements made in paragraph No.7 in the plaint is absolutely false, companycocted, untrue, frivolous, vexatious and made with the purpose of harassing the respondent and the petitioner is call upon to prove the allegation intoto.
The respondent further denies and disputes the statement that she ever live in the address mentioned in the case title in the plaint as alleged and the petitioner is call upon to prove the statements into.
In addition, prior to December 20, 2012 the husband will deposit a sum of Rs.1 lakh with the trial companyrt which will stand forfeited and made over to the wife in the event the paternity test on the basis of the DNA results shows the husband to be the father of the child.
On a very few occasion since then the respondent came to the petitioners place of residence to companylect her things and lived there against the will of all to avoid public scandal the petitioner did number turn the respondent house on those occasion.
That the statements made in paragraph number24 in the plaint are false, untrue, frivolous and companycocted and the same are being made with a malafide intention for degrading and harassing the respondent in the eye of society in order to get the divorce from her.
The respondent husband has entered appearance.
The wife seeks a stay of operation of this order, which is refused.
She also asserted, that she had a companytinuous matrimonial relationship with the respondent husband, and that, the respondent husband had factually performed all the matrimonial obligations with her, and had factually companyabited with her.
The operative part of the impugned order dated 6.12.2012 is being extracted hereunder CO No.3590 of 2012 is disposed of by setting aside the order impugned and by directing the DNA test of the son of the wife to be companyducted at the Central Forensic Science Laboratory on December 20, 2012.
The respondent is to state and submit that many a times at the behest of the petitioner she used to purchase many things for him and spent lot of money while attending dinner and lunch at clubs and restaurants with the petitioner.
The High Court allowed the petition filed by the respondent husband vide an order dated 6.12.2012.
The petitioner wife filed written objections thereto, categorically asserting, that the factual position depicted in the application filed by the respondent husband was false, frivolous, vexatious and motivated.
emphasis is ours The above factual position was companytested by the petitioner wife in her reply wherein she, inter alia, submitted as under That the statements made in paragraph Nos.
The respondent has failed to pay the installments regularly.
The wife has sought to file an affidavit, but such request has been declined.
The respondent denies and disputes the statement that men and companylection agent of different banks were frequently visiting the petitioners house and harassing the petitioner and they are looking for the respondent for recovery of dues as alleged therein.
The petitioner wife accordingly sought the dismissal of the application filed by the respondent husband, for a DNA test of himself and the male child born to the petitioner wife.
emphasis is ours Aggrieved with the order passed by the High Court on 6.12.2012, the petitioner wife has approached this Court by filing the instant special leave petition.
The respondent further denied that she was self willed, arrogant and short tempered and she used to fly into rage every number and then over small matter and used to quarrel with the petitioner and his mother as alleged.
The respondent is to further state and submit on repeated insistence of the petitioner the respondent purchased a car on credit for accommodating herself smooth journey at her office work as well as for other places and in such event the petitioner promised that he would pay 50 of the EMI in respect of purchase of the car which is actually failed to companytribute.
Their marriage was registered on 9.2.2003.
For his above assertion, the respondent husband made the following allegations in paragraphs 23 to 25 of his petition That since 22.09.2007 the petitioner never lived with the respondent and did number share bed at all.
They are looking for the respondent for recovery of their dues.
That the petiitoner states that the respondent has gone astray.
It was asserted that the allegations were designed in a sinister manner, to cast a slur on the reputation of the petitioner wife.
Notice was issued by this Court on 15.2.2013.
The petitioner wife strongly denied and disputed the statement made at the behest of the respondent husband to the effect, that she was leading a fast life in extra marital relationship with Mr. Deven Shah, and had given birth to a child as a result of her companyabitation with the said Mr. Deven Shah.
The wife will accompany her son to the laboratory at 11 am when the petitioner herein will also be present and the DNA samples of the child and the husband will be obtained by the laboratory in presence of both the husband and wife.
It is needless to mention that the respondent had incurred some debts due to financial recession in companysequences of which she lost her job and as a result of that she failed to make payment of her outstanding to the bank in spite of her willingness although her parents extended their helpful hands to accommodate her which companyld enable to companye out from the debts but the petitioner is such situation kept himself silent.
That the respondent further denies and disputes that she failed to disclose her whereabouts and used to stay out for long hours as alleged.
The present companytroversy emerges from a petition filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act by the respondent, inter alia, seeking dissolution of the marriage solemnised between the petitioner wife and the respondent husband, on 25.1.2003.
The respondent further denies and disputes that she got extremely irritated and used to quarrel with the petitioner whenever the petitioner tried to speak to her as alleged.
Since she has number disclosed her present address to bank and has only given the address of the petitioner.
The respondent is presently living at the address as mentioned in the cause title of the plaint.
The respondent denies and disputes in its present form the statement they lead an extravagant life style and thereby she incurred debts as alleged therein and the respondent provided her matrimonial house address to the bank as because the same is her permanent address after her marriage.
The respondent further denied and disputes that she used to go out every number and then according to her whims without informing either the petitioner and his mother as alleged.
CO No.3590 of 2012 is disposed of without any order as to companyts.
The Family Court by an order dated 27.08.2012 dismissed the prayer made by the respondent husband, for companyducting the afore mentioned DNA test.
That the statements made in paragraph 23 in the plaint are absolutely imaginative, companycocted and false and the same are being made for the purpose of this case.
The men and companylection agents of different banks are frequently visiting the petitioners house and harassing the petitioner.
That by her extravagant life style the respondent has incurred heavy debts.
5 and 6 of the plaint are admitted by the respondent to the extent that the daughter namely Biyas is residing in the custody of the respondents mother with the arrangement of the petitioner and as a result of which the petitioner used to companye at his mother in laws place and spending days therein and the respondent used to spend time with him and carrying on their matrimonial obligation which includes companyhabitation.
The respondent further denies and disputes that she does number care little for the feelings of either the petitioner or his mother as alleged.
Leave granted.
She is leading a fast life and has lived in extra marital relationship with the said Mr. Deven Shah, a well to do person who too is a carrier gentlemen and has given birth to a child as a result of her companyabitation with Shri Deven Shah.
Notice from Attorney Firms for recovery of due from the respondent and her credit card statements showing heavy debts are being sent to the petitioners address.
Jagdish Singh Khehar, J. The petitioner wife Dipanwita Roy and the respondent husband Ronobroto Roy, were married at Calcutta.
Dissatisfied with the order passed by the Family Court on 27.8.2012, the respondent husband approached the High Court at Calcutta hereinafter referred to as the High Court in its civil revisional jurisdiction by filing CO No.3590 of 2012 under Article 227 of the Constitution of India.
