1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3352 OF 2008 WRIT PETITION NO. 3352 OF 2008 WRIT PETITION NO. 3352 OF 2008 Sou.Suman Shivram Zankar .... Petitioner Versus Shri Shivram Mahadu Zankar .... Respondent Mr. S.S.Kulkarni, Advocate, for the petitioner. Mr. R.N.Gite, Advocate, for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 24th November, 2008. DATE: 24th November, 2008. DATE: 24th November, 2008. P.C P.C P.C 1. Heard the learned Counsel for the petitioner. 2. The petitioner claims to be the wife of the respondent. She filed Hindu Marriage Petition No.251 of 1997 in the Court of the Civil Judge, Senior Division, Nashik, seeking a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. In the petition, she contended that out of the wedlock, a 2 son, namely, Khanderao was born. In the written statement, the respondent denied the marriage as well as paternity. The petitioner filed an application before the Court seeking DNA test of the respondent and her son. The application was opposed by the respondent and was rejected by the trial Court as the question of paternity does not arise in the matter. 3. From the record, it is clear that the petition is simply of restitution of conjugal rights and not a suit for declaration of paternity nor paternity is an issue in the matter. Therefore, I do not find any fault with the impugned order rejecting the application. 4. Therefore, the petition stands dismissed being devoid of any merit. However, it is made clear that if the said boy files a suit or adopts appropriate proceedings for declaration of paternity, the boy or his mother would not be deprived of making such application for DNA test. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)