IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM No.228 of 2022 Pradip @ Pradeep Kumar Behera …. Petitioner Miss Puspanjali Das on behalf of Mr. C. Bidyabhusan, Advocate -versus- Gayatrirani Sahoo & others …. Opp. Parties CORAM: JUSTICE MRUGANKA SEKHAR SAHOO Order No. ORDER 30.03.2026 Hybrid Mode 03. 1. The petitioner-husband in the marriage is before this Court challenging the order passed by the learned Judge, Family Court, Bhadrak dated 30.08.2022 in Cr.P. No.349 of 2019. The said interim application was filed in the Cr.P. by the wife in the marriage and two minor children born from the wedlock. The petitioner-husband before the learned trial court had sought for D.N.A. Examination of the children born from the wedlock and the learned Judge, Family Court disposing of the petition of the petitioner-husband observed thus: “ … … … After going through the averments made by both the ld. Counsels and the authority decided in AIR 2014 (SC) 932 along with the guidelines issued by the Hon’ble Apex Court in AIR 1993 SC 2295 with regard to the grant of permission for DNA test to ascertain the paternity of a child, the burden of proof lies on the person who asserts a particular fact. Here, in this case, the OP has claimed that the petitioner nos.2 and 3 are begotten while he has no access with the petitioner no.1 within 280 days of a valid marriage. Further, on perusal of the case record, it appears that evince has not yet been commenced from either side. At this stage it is quite premature to direct for DNA and RNA test as the OP has not yet proved his non-access to the petitioner no.1 during the said period. As such, the petition filed by the OP for DNA testing is rejected. Put up on 23.09.2022 for hearing.” 2. Today the matter being in the list is mentioned by the learned counsel for the petitioner at the beginning of the days proceeding. Memo of date is filed which indicates thus: “As per the instructions of the petitioner, the petitioner doesn’t want to press the instant matter, hence he may be permitted to withdraw the instant petition with liberty to file better application in case if required.” The Memo shall be taken record. Scanned copy be updated. 3. In view of the Memo filed, the petition stands disposed of. Copy of this order shall be forwarded to the learned Judge, Family Court, Bhadrak to be kept in the records of Cr.P. No.349 of 2019. (Mruganka Sekhar Sahoo) Judge Gs