IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11501 of 2011 Uma Shankar Singh Versus Phulwa Devi & Ors ----------- 02. 19.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 11.05.2011 passed by Family Court, Gaya in Misc. Case No.300 of 2005 whereby the learned Court below rejected the application filed by the petitioner for D.N.A. test of the respondent No.4, Ujjawal Kumar. The learned counsel for the petitioner submitted that the respondents filed application under Section 125 Cr.P.C. claiming maintenance. The petitioner admitted the fact that the respondent No.1 is the wife and respondent No.2 and 3 are the daughters whereas he is denying that respondent No.4, Ujjawal Kumar is his son, therefore, he prayed that D.N.A. test may be directed. According to the petitioner, the respondent No.1 is leading adulterous life with Narayan Singh and the respondent No.4, Ujjawal Kumar is son of Narayan Singh through the 2 respondent No.1. From perusal of the impugned order, it appears that the learned Court below considered the fact that in civil partition suit No.91 of 2004 / 301 of 2000 which was filed by the said respondent No.4, Ujjawal Kumar against Uma Shanker Singh, the petitioner was examined as D.W.1 whereas he has admitted the fact that Ujjwal Kumar is his son. On the basis of said admission, the learned Court below refused the prayer of the petitioner for D.N.A. test. In view of the above facts and circumstances of the case, in my opinion, it cannot be said that order is illegal or arbitrary or capricious. Thus, I find no merit in this writ application and accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)