SUPREME COURT OF INDIA

Before:- Mrs. Ruma Pal and Dr. Ar Lakshmanan, JJ.

Record Of Proceedings Writ Petition (Crl.) No(s). 110 OF 2003. D/d. 15.7.2005.

With

Conmt.Pet.(Crl) NO. 1/2005 in Wp(Crl) No. 110/2003.

Nirmaljit Kaur - Petitioners

Versus

State Of Punjab & Ors. - Respondents

For Appellant(s) :- Mr. Harinder Mohan Singh, Ms. Shabana Saifi, Mr. Kaushal Yadav, Respondent-In-Person, Advocates.

For the Respondent(s) :- Mr. Manoj Swarup, Mr. D.P. Singh, Mr. Bimal Roy Jad, Advocates.

Evidence Act, 1872, Sections 9 and 45 - Constitution of India - Article 136 - Family Law - Parentage - Establishment of - Dispute between the parties relating to the identity of child - Issue should be resolved having DNA test - Decision as to who is to bear the cost of the test will be determined after receipt of the report from the centre.

[Para 3]

ORDER

1. UPON hearing counsel the Court made the following

2. The dispute between the parties relates to the identity of the child. According to the petitioner, the child is not the petitioner's. According to the respondents, the child is the petitioner's daughter. Having regard to the nature of the dispute, we are of the view that the issue should be resolved as far as is scientifically accurate, by having the DNA of (i) the petitioner, (ii) the child claimed to be daughter of the petitioner, (iii) Arminderjit Singh Batra and (iv) Ranjeeta Kaur, tested.

3. It is stated by the learned counsel appearing on behalf of the respondents that both Arminderjit Singh Batra and Ranjeeta Kaur are in the United States in connection with their son's grave illness. The matter is adjourned by four weeks within which period the respondents will file an affidavit to the aforesaid effect. In the meanwhile, the petitioner's as well as the girl's DNA will be tested by the Centre for DNA Finger Printing, Hyderabad. The Registry will intimate this order to Dr.Seyed Hasnain, Director, Centre for DNA Finger Printing, Hyderabad. The Director will indicate to the Registrar General of this Court, the procedure to be followed to collect the necessary samples. The Registrar General or such officer, as he may nominate, will fix a date on which the parties should be available for test and intimate the same to the learned advocates-on-record for the parties. At least 10 days' notice to be given. The Registry to make necessary arrangements in keeping with the procedure prescribed by the Director. The Director is requested to ensure that the Report is made available to this Court expeditiously and preferably within one week from the date of the receipt of the samples. The Report to be kept in a sealed cover by the Registrar General or his nominee. It is recorded that the envelopes containing the passports of Gurbachan Singh Batra, Harbans Kaur and two passports of Harsimran which were opened in Court today are resealed and kept in safe custody. It is also recorded that the passport of Harsimran issued on 6.6.99 was shown to the petitioner who is appearing before us today. The petitioner has stated that the photograph of the child on the passport is not her daughter. A decision as to who is to bear the costs, if any, of the test conducted by the Centre for DNA Finger Printing, Hyderabad, will be determined after receipt of the report from the Centre.

.