Deep Mukerjee vs Sreyashi Banerjee

The Supreme Court held that the High Court erred in setting aside the Trial Court's order allowing the appellant/husband to undergo a potentiality test under Section 45 of the Indian Evidence Act, 1872, while the respondent/wife's unwillingness to undergo tests was not a valid reason for dismissal. The Court emphasized that the appellant's willingness to undergo the test should have been considered, and thus partially allowed the appeals, maintaining the Trial Court's order regarding the potentiality test. The decision referenced the precedent in 'Sharda vs. Dharmpal' (2003) 4 SCC 493.