Once the DNA Examination was rejected and a finding was given about the status of the plaintiff as illegitimate daughter and again the same should not be agitated in subsequent suit asking for DNA test.
2020 APEX COURT [30 ]-Once the DNA Examination was rejected and a finding was given about the status of the plaintiff as illegitimate daughter and again the same should not be agitated in subsequent suit asking for DNA test. Conducting D.N.A. examination- in the previous suit, the respondent had made an application for conducting D.N.A. examination, which was rejected and the matter went right up to the High Court by way of Civil Revision Petition No.4076/2010 and became final. The Court had rejected that request, in the previous suit , the Court had opined about the relationship between the parties – that the plaintiff therein was born to the defendant (in previous suit) but not in the lawful wedlock. In other words, the finding was that the plaintiff was their illegitimate daughter. It is not necessary for us to examine the correctness of that decision in the present proceedings but considering the fact that the relationship between the parties has already been reckoned, the question of entertaining the request for conducting D.N.A. test at the instance of the respondent in succeeding suit does not arise and ought not to have been countenanced. Hence, the order passed by the Trial Court and affirmed by the High Court is set aside and the subject application moved by the respondent stands rejected.