1 wp206.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 206 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.M. Gaikwad, Advocate for the petitioners. 1. Application for amendment moved by the petitioner-plaintiff, has been allowed and the contention that the defendant-wife had illicit relations with the defendant no.4, is allowed to be brought on record. The contention that the child by name Akash aged about 4 years is born out of that relationship, is also brought on record. However, the prayer to join that child Akash as party defendant, has been rejected. The learned Counsel for petitioner contends that the child is necessary party and the paternity of the child is to be proved by DNA examination. 2. The trial Court applied its mind and has found that no relief, as such, is claimed against Akash. In any case, necessary plea for proving illicit relations between the 2 wp206.11 defendant-wife with defendant no.4 and the birth of child Akash on that account is on record. Addition of child as party to the suit is not necessary. I do not find any jurisdictional error or perversity. Petition is rejected. (B.P. DHARMADHIKARI) JUDGE. 13.01.2011 gas/wp206.11