- 1 - HC-KAR NC: 2025:KHC:28783 WP No. 12854 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12854 OF 2022 (GM-FC) BETWEEN: SRI. ESHWAR L S/O LAXMAN AGED ABOUT 40 YEARS, COOK IN K.M.S, A.K. COLONEY 2ND CROSS, HARIHAR - 577 601, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. SWAMY SHIVA PRAKASH H., ADVOCATE) AND: JAYANTH, S/O ESHWAR L, AGED ABOUT 6 YEARS, MINOR REPRESETED BY HIS MOTHER SMT. D. SHRUTHI, W/O ESHWAR L, AGED ABOUT 32 YEARS K.R. NAGAR, HARIHAR - 577 601, DAVANAGERE DISTRICT. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED JUDGE, FAMILY COURT AT DAVANAGERE, IN CRL.MISC.NO.116/2018 DATED 20.5.2022 PASSED ON APPLICATION FILED UNDER CHAPTER 10 (PATERNITY TESTS BLOOD TEST AND DNA) R/W SECTION 151 OF CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28783 WP No. 12854 of 2022 ORAL ORDER Aggrieved by the order dated 20.05.2022 passed in Crl. Misc. No.116/2018 by the Court of the Judge, Family Court, Davanagere in an application filed under Chapter X (Paternity Tests, Blood Tests and DNA) r/w. Section 151 CPC, the husband is before this Court. 2. The wife had filed the Crl. Misc.116/2018 seeking maintenance to her minor son. That application is filed on 06.04.2018 and the husband had filed his objections on 25.10.2018 and the application for DNA test was filed on 02.01.2020. The Court had dismissed the application on the ground that, earlier the maintenance was granted to the son in Criminal Miscellaneous No. 111/2018 and the recovery petitions are also pending and Court has also looked into the aspect that till now the petitioner has not sought for any declaration that he is not the biological father of the child. Earlier, when he had given a missing complaint that the wife is missing, in that, he had stated that the wife is seven months pregnant and both of them are in cordial terms and leading cordial marital life. Further, the proceedings under 125 Cr.P.c. are summary in - 3 - HC-KAR NC: 2025:KHC:28783 WP No. 12854 of 2022 nature and the prime facie looking at the relationship between the parties, the Court had dismissed the application. 3. Learned counsel appearing for the petitioner submits that when the husband is denying the paternity of the child, unless and until the real test is done, unless the scientific evidence is on the record, it would be difficult for the father to prove. 4. Having heard the learned counsel for the petitioner, perused the material on record. The Criminal Miscellaneous was filed in the year 2018. Objections were filed in the year 2018 itself and on 02.01.2020 the present application is filed. That apart, earlier already the maintenance was granted in another proceedings to the child and recovery proceedings were also filed. As rightly observed by the Court, the proceedings are summary in nature and also looking at the other factors, the Court had rightly felt that the application cannot be allowed. Hence, this Court finds no reasons to interfere with the well considered order passed by the trial Court. Accordingly, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:28783 WP No. 12854 of 2022 ORDER (i) The Writ Petition is dismissed. (ii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 14 CT: BHK