1 4.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11234 OF 2026 MUNJABHAU MUKUND UPADHYE VERSUS MANJUSHA MUNJABHAU UPADHYE AND ANR ... Advocate for Petitioner : Mr. Savant Vilas P. … CORAM : MANJUSHA DESHPANDE, J. DATE : 28th SEPTEMBER, 2026 PER COURT : 1. The Petitioner is challenging the order dated 10.03.2026, at Exhibit 15, passed by learned civil Judge, Senior Division, Ambajogai, wherein the Application filed by the Applicant / Respondent seeking a direction from the Court to conduct the DNA test of the minor child born to non-applicant no. 1 /wife for the purpose of determining the paternity of the said child, was rejected. His Application is rejected on the ground that the Application has been filed at an interim stage and the main matter is yet to be decided. 2. At this stage, the Court is required only to consider whether strong prima facie case warranting such direction exists. Section 112 of the Indian Evidence Act, requires proof of non-access between the parties 2026:BHC-AUG:44709 2 4.odt at the relevant time. Mere suspicion, conjuncture or allegations are not sufficient to displace this presumption under Section 112 of the Act. 3. Since this Court is not inclined to interfere with the order, the Petitioner seeks withdrawal of the Writ Petition to file the Application at an appropriate stage whenever the occasion arises. 4. The Writ Petition is dismissed as withdrawn with liberty as prayed for. ( MANJUSHA DESHPANDE, J. ) SPC