- 1 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.5202 OF 2026 (GM-FC) BETWEEN: SRI MAHESH NILANGE AGED ABOUT 42 YEARS S/O. LATE RAGHUNATH RAO R/AT FLAT NO.311, A-BLOCK PRUTHVI ROYAL APARTMENT SY.NO.43, MLA LAYOUT BEGUR HOBLI, KALENA AGRAHARA BANNERGHATTA ROAD BENGALURU-560 070 …PETITIONER (BY SRI UDAY K. S., ADVOCATE) AND: SMT. ANURUPA AGED ABOUT 38 YEARS W/O. MAHESH NILANGE D/O. CHANDRAKANTH R/AT FLAT NO.311, A-BLOCK PRUTHVI ROYAL APARTMENT SY.NO.43, MLA LAYOUT BEGUR HOBLI, KALENA AGRAHARA BANNERGHATTA ROAD BENGALURU-560 070 …RESPONDENT (VIDE ORDER DATED 16/07/2026, NOTICE TO RESPONDENT IS HELD SUFFICIENT) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20/03/2025 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE IN M.C.NO.647/2022, BENGALURU RURAL DISTRICT, BENGALURU AT ANNEXURE-E1 AND THEREBY ALLOW THE APPLICATION AT ANNEXURE-C FILED BY THE PETITIONER UNDER SECTION 39(1) OF THE BHARTIYA SAKSHYA ADHINIYAM 2023, FILED IN M.C.NO.647/2022 PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 17.07.2026 COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This petition is filed by husband requesting the Court to set aside the order dated 20.03.2025 in MC No.647/2022. 2. Family Court through an order on IA filed by petitioner/husband requesting the Court to direct FSL, Bengaluru to draw blood sample of petitioner, respondent and also blood sample of baby Prisha and to conduct paternity test/DNA test to analyze whether baby Prisha is - 3 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 biological daughter of petitioner or not was dismissed by Family Court considering the citations of the Supreme Court and also the presumption under Section 112 of the Evidence Act. 3. Aggrieved by the said order, petitioner/father preferred this writ petition and contended that his marriage with respondent was performed on 30.05.2014 and it was registered on 23.11.2018. Respondent started working in a local TV channel namely My Dreams Channel. During that period she was acquainted with one Ram at her workplace. She introduced him as her colleague Jyothi's brother. But Jyothi never worked with his wife. 4 years after the marriage respondent became pregnant and he took utmost care of her. She gave birth to Prisha on 08.03.2019. In March 2022, Ram's wife Nethra sent petitioner a Facebook request which was objected by respondent. As such Ram's wife gave number of Jyothi. Jyothi informed about the relationship between her brother Ram and respondent. When he confronted the same with - 4 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 respondent in April 2022, she stated that Prisha is not his daughter and then he was deeply hurt. But respondent stated that she stated the same in anger. But he got DNA test done in November 2022 and as per the report dated 10.11.2022 it was held that he was not biological father of Prisha. When he confronted the same to the respondent, she admitted that Ram is the biological father of Prisha and as such he filed MC No.647/2022 for divorce and thus he sought for DNA test before the Family Court, but it was denied. He mainly contended that in the objections filed by her to his application for DNA test, she herself clearly admitted as follows: "This Respondent most humbly submits that she has not committed any act of adulterous living as alleged by the petitioner and the said allegation is false. She is ready and willing to undergo any number of tests provided the petitioner withdraws the allegation and in the event of his failure to establish his claim of adultery, he would voluntarily take this respondent and the baby Prisha unconditionally with him and take care of them." - 5 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 4. Relying upon the said admission of the respondent/wife, he requested this Court to grant permission for DNA test. 5. Admittedly, marriage between petitioner and respondent is in subsistence. As such the Family Court rightly invoked the presumption under Section 112 of the Evidence Act on the ground that petitioner has failed to prove non access and it was also stated by the Apex Court time and again that permission cannot be granted for DNA test as a matter of routine. 6. But in this case the main contention of the petitioner is that his wife is living in adultery with one Ram and she herself denied his paternity, as such he got DNA test conducted in which it was held that he is not biological father of the child. As such now he wanted it to be done at the instance of the Court. Even the respondent/wife has clearly stated that she has no objection for the said test. In view of the above peculiar facts of this case, this Court - 6 - HC-KAR CNR: KAHC010111602026 NC: 2026:KHC:38043 WP No. 5202 of 2026 finds that it is just and reasonable to grant permission for DNA test as requested by the petitioner herein. Respondent/wife and her daughter are permitted to co- operate with the petitioner for giving relevant samples. The FSL is directed to send the report directly to the Family Court in a sealed cover within 1 month from the date of this order. 7. Accordingly, this writ petition is allowed by setting aside the order of the Family Court in MC No.647/2022 dated 20.03.2025. Sd/- (P SREE SUDHA) JUDGE NS CT:VC List No.: 1 Sl No.: 58