IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.393 of 2007 HARERAM MAHTO Versus ASHA DEVI & ANR ----------- 3 19.8.2008 Heard Counsel for the petitioner. If the Court earlier had found requirement of the DNA test and had passed an order to this effect, which now it finds impossible to get it done on account of lack of facility, the petitioner who had never prayed for such DNA test, cannot claim to be aggrieved by the impugned order recalling its earlier order. The petitioner being the plaintiff having alleged infidelity on the part of his wife is actually required to prove his case and if in course of such leading of evidence, he would file an application, after giving an undertaking that he would bear the entire cost of D.N.A. test from an expert center, the Court below on being satisfied in the light of the materials on record and subject to initial discharge of the onus by the petitioner to this effect, would consider such prayer but at the moment, the petitioner cannot claim such D.N.A. test of the child and the wife as a matter of right. The court has to always take into account that its decision to send the child and/or the wife for D.N.A. test has a far reaching effect on their personal and social standing as such a direction for D.N.A. test has to be issued sparingly and - 2 - not in a routine mechanical manner. Accordingly, there is no merit in this in this application and the same is here by dismissed with a cost of Rs. 1,000/- to be paid by the petitioner to the opposite party within a period of one month from today. Rsh (Mihir Kumar Jha, J.)