Civil Revision No. 843 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 843 of 2009 Date of decision: 5.05.2009. Sukhjeet Singh Petitioners Versus Mandeep Kaur ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Madan Lal, Advocate for Mr. Balram Singh, Advocate for the petitioner. None for the respondent. ***** S.D.ANAND, J. It is apparent from the record that the controversy between the parties (husband and wife interse) was with regard to the legitimacy of one of their children i.e. Tanvir Singh. The parties were otherwise litigating about the custody of their child Maninder Singh. In an act of resistance, the wife had volunteered a statement that she was prepared to have the DNA test of both her children if the husband would bear the expenses therefor. She had further stated that she would withdraw the petition for the custody of the children if the DNA test report belied her claim of legitimacy of children.She had further informed that if DNA test proved the legitimacy of Tanvir Singh,she would be entitled for custody of both Civil Revision No. 843 of 2009 -2- **** the children. The husband filed this petition with a grievance that as the controversy was about the legitimacy of only Tanvir Singh, there is no reason why DNA profile of the other child (about whose legitimacy there is no dispute) should be ordered. I find myself in complete agreement with the plea of the petitioner. It being apparent from the record that the controversy between the litigating parties is only about the legitimacy of Tanvir Singh, there is no acceptable reason why the DNA profile of the other child should be got done. The DNA profiling, by the very nature of things is likely to affect the emotional balance of the child. There is no law which would authorise the Court to disturb the emotional balance of the child about whose legitimacy there is no controversy between the parties to the cause. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside qua the DNA profiling of the child about whose legitimacy there is no dispute. May 05, 2009 (S.D.Anand) Pka Judge