GOUTAM KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein was married to second respondent on 16th January, 1990 according to Hindu Rites and Customs. They lived together for sometime until second respondent left the matrimonial home to reside with her parents in order to prepare for Higher Secondary Examination which commenced on 5-4-90 and continued up to 10-5-90. In the month of April, 1990 she conceived, on coming to know that she was pregnant, the appellant and the family members did not want her to beget a child. Therefore she was forced to undergo abortion which was refused by the second respondent. During the stay she was meted out cruel treatment both physically and mentally. She came back to the matrimonial home during Durga Pooja in the month of October, 1990. A female child was born on 3-1-91. She filed a petition under S. 125, Cr.P.C. before the learned Chief Judicial Magistrate, Alipore in Misc. Case No. 143 of 1991 both for herself and the child. By an order dated 14-8-91 which was passed ex parte he awarded a sum of Rs. 300/- per mensem to the mother and Rs. 200/- to the child. Against that order, he moved a revision to the High Court. That revision is pending as 1837 of 1991. Thereafter the petitioner filed a Crl. Misc. Case No. 143 of 1991 for blood group test of the second respondent and the child.

(3.) In that proceeding the petitioner herein disputed the paternity of the child and prayed for blood group test of the child to prove that he was not the father of the child. According to him if that could be established he would not be liable to pay maintenance. That application was dismissed on two grounds:(i) there were other methods in the Evidence Act to disprove the paternity; (ii) moreover it is settled law that medical test cannot be conclusive of paternity.