Neutral Citation No. - 2025:AHC:18472 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15243 of 2024 Petitioner :- Jaivir Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Jawad Tariq Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jawad Tariq, learned counsel for the petitioner and learned AGA for the State. 2. The instant petition has been preferred for challenging the order dated 07.11.2024 passed by learned Additional Session Judge, Court No. 5, Firozabad in Criminal Appeal No. 90 of 2023 (Jaivir Singh Vs. State of U.P. and Another). 3. The specific plea has been taken while preferring an application nos. 21 ब/1 to 21 ब/3 supported with an affidavit for seeking D.N.A. test of Ashish Kumar S/o respondent no. 2 and petitioner. 4. Having the rights incurred in favour of one Ashish Kumar along with respondent no. 2, they preferred an application under Section 12 of the Domestic Violence Act before the learned concerned court for seeking certain relief being the mother of Ashish Kumar and petitioner being the father of Ashish Kumar, who born in the year 1992 and as per one disputed fact regarding entering into unregistered 'talaqnama/divorce' certificate, petitioner is leading separate life from respondent no. 2 since 1990 and as such one Ashish Kumar as alleged being the son of the petitioner is also disputed by the petitioner himself and as such an application preferred for seeking D.N.A. test has been given force by the petitioner which culminated into order dated 07.11.2024 which impugned the present petition. 5. Learned counsel for the petitioner also showed his willingness after due instructions received from his client that he is ready to pay whatever material is required for conduction of D.N.A. test over one Ashish Kumar S/o respondent no. 2. 6. After hearing Sri Jawad Tariq, learned counsel appearing on behalf of the petitioner at length, the necessity of conducting D.N.A. test over son of respondent no. 2 which clarify the entire allegations whatsoever has been put-forward in respect of domestic violence and as such without conduction of D.N.A. test of one Ashish Kumar S/o respondent no. 2, nothing can be determined by learned concerned court in respect of allegations extended against the petitioner. 7. Learned counsel for the petitioner submitted that the procedure performed for D.N.A. test is as simple as collection of drop of blood for ascertaining the blood group, but in the interest of justice and fair adjudication of the controversy as raised by learned counsel for respondent no. 2, it is compulsive that a D.N.A. test may be performed over one Ashish Kumar S/o respondent no. 2. 8. Learned AGA, however, supported the order dated 07.11.2024 and submitted that there is hardly any illegality involved in the order impugned and as such no interference required by this Court at this juncture. 9. After hearing rival submission extended by learned counsel for the parties, considering the date of birth and settlement of separation whatsoever has been reduced in writing in shape of 'talaqnama' is subject matter to be adjudicated on the basis of strict proof of evidence but at the same time if the D.N.A. test may be performed over one Ashish Kumar S/o respondent no. 2, the same shall also be one of the essential ingredients to determine the legal position available at law and the same shall also be helpful to the learned court concerned for arriving over the conclusion. 10. In view of the aforementioned facts and circumstances, the order dated 07.11.2024 passed by learned Additional Session Judge, Court No. 5, Firozabad in Criminal Appeal No. 90 of 2023 (Jaivir Singh Vs. State of U.P. and Another) is hereby set aside. Matter is remitted back to learned concerned court to consider the application of the petitioner for seeking D.N.A. test performed over Ashish Kumar S/o respondent no. 2 as fresh in the light of the observations as made above. 11. The instant petition stands allowed accordingly. Order Date :- 7.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad