1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.98 of 2009 In Family Court Appeal No.46 of 2009 Bipin R. Singh Applicant. Vs. Sunita Bipin Singh Respondent Mr.S.G.Surana for applicant. Ms.Rita K. Joshi for respondent. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR,JJ. April 20, 2009. P.C. 1. We have heard Mr.Surana, the learned counsel for the applicant - husband. Ms.Joshi has placed before us the affidavit in reply of the respondent. 2. Banker’s cheque dated 19/4/2009 drawn in favour of the respondent has been handed over to her today by Mr.Surana through Ms.Joshi and the said cheque is drawn in the sum of Rs.41,200/- on the Corporation Bank. As per Mr.Surana the said sum is towards the arrears of maintenance at Rs.31,200/- and Rs.10,000/- by way of litigation cost. 2 3. The case of the husband before the Family Court was that the respondent was tested HIV +ve and the Family Court has rejected the said contentions on the ground that there was no reliable evidence. The husband has, therefore, filed this application for directions to subject both the spouses for HIV test. 4. Ms.Joshi, the learned counsel for the respondent - wife states that the applicant is an influential person and he may manipulate the medical reports. She, therefore, submitted that the pathological test should be done at two different hospitals and Mr.Surana is not averse to this suggestion. Mr. Surana also states that the expenses for the test to be carried out will be borne by the applicant. 5. Hence we direct that the applicant as well as the respondent shall undergo pathological tests for HIV at Sir J.J. Hospital as well as the Bombay Hospital and both of them will go together. The date and time will be decided by mutual consent and the husband shall pay for the pathological tests and all related expenditure, if any. Both of them will obtain 3 their reports independently and submit before us on the next date. 6. Application is disposed off in terms of the above directions. (S,J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)