ANITA W/O EKNATH HATKAR Vs. ADDITIONAL COMMISSIONER NASHIK AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5588 of 2017, Judgment Date: Apr 25, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 5588 OF 2017
              [@ SPECIAL LEAVE PETITION (C) NO. 34505 OF 2016 ]

ANITA W/O EKNATH HATKAR                                       Appellant (s)

                                VERSUS

ADDITIONAL COMMISSIONER NASHIK AND ORS.                       Respondent(s)


                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The appellant had approached this Court, aggrieved by the  proceedings
initiated against her for disqualification on the  ground  of  having  three
children, the third child having born after the cut-off date.
3.    On 05.12.2016, the Court passed the following order on  the  basis  of
submission made by the learned counsel for the appellant :-

      “Learned counsel for the petitioner submits, on instruction, that  the
child by name Amol Anna Hatkar is not born from the appellant.   He  further
submits that the appellant is prepared for a DNA test.
      In  view  of  the  above  submissions,  issue  notice,  returnable  on
3.2.2017.
      We direct the petitioner and the child by name  Amol  Anna  Hatkar  to
have a DNA test conduct within a  period  of  eight  weeks  from  today  and
produce the reports before the Court.
      Till the next date of hearing, there shall be  stay  of  operation  of
the disqualification.”

4.    The Forensic Science Laboratory, Mumbai, has  forwarded  a  report  to
this Court and going by the report, “Eknath Govind Hatkar and  Anita  Eknath
Hatkar  are concluded to be the biological parents of the  child  Amol  Anna
Hatkar”.

5.    In the above circumstances, we do not find any merit in  this  appeal,
which is, accordingly, dismissed.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      April 25, 2017.