1 WP.6105/10 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.6105 OF 2010 Mrs. Ambika Ramakant Uniyal ...Petitioner Vs. Mr. Ramakant Shriram Uniyal ...Respondent Mr.S.C. Thatte, Advocate for the Petitioner The Petitioner present The Respondent in person present CORAM : SMT. ROSHAN DALVI, J. DATED : 27TH SEPTEMBER, 2010 P.C. : 1. The order which is impugned is the order in an application for review/setting aside an earlier order passed by the Family Court, Bandra, Mumbai. The husband made an application for a DNA test for determining the paternity of the child of the parties. The wife resisted that application. The learned Judge passed an order rejecting that application on 15 th May 2010. 2. The husband applied for review. The review application has been allowed. 3. The main ground of the Review Application is the stay of the wife in the 2 WP.6105/10 house of her parents for a period of six months or more. 4. The learned Judge has considered that the wife who is stated to have suffered from tuberculosis and who stayed at her parents house had not mentioned this fact in her reply to the original application. It appears that the learned Judge was told about the access had by and between the parties to one another during a certain period resulted in pregnancy of the wife. The learned Judge has considered the period of stay as told by the wife, upon which she concluded that, if the child is sent for DNA test a clear picture will come before the Court. 5. Review is, therefore, upon what was stated or not stated by the wife with regard to her stay in the parental home. The order does not suffer from any material irregularity, which can be corrected in this Petition. 6. Hence the Writ Petition is dismissed. (SMT. ROSHAN DALVI, J.)