NIKHAT PARVEEN Vs. RAFIQUE

JUDGEMENT

(1.) Leave Granted.

(2.) In this appeal, a mother (the appellant) challenges the finding of the High Court of Delhi at New Delhi, returned in judgment and order dtd. 17/10/2023 passed in CRLMC No.3944 of 2019 regarding her daughter not being entitled to maintenance to be paid by the respondent (alleged father) as returned by Metropolitan Magistrate-03 (Mahila Court), South East District, New Delhi, by order dtd. 1/12/2017 ['Trial Court'] and as affirmed by the District and Sessions Judge, South East, Saket Court, New Delhi by order dtd. 20/3/2019['First Appellate Court'].

(3.) The facts in brief are that the appellant was employed as domestic help in the residence of the respondent for a period of three years wherein, as can be understood from the record of the Courts below, the latter established sexual relation with her on the pretext of marriage. The parties to this lis eventually did get married on 2/3/2016. A child was born to the appellant on 1/4/2016. Matrimonial relations soured fairly quickly leading to the institution of a complaint under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005[ 'DV Act'] on 14/7/2016 seeking interim maintenance to the tune of Rs.25000.00 per month; protection order for the appellant and her minor child against the respondent and his family members; an order to restore the custody of stridhan articles to the appellant. In response to the said application, the respondent prayed for a direction to conduct a DNA test to establish paternity of the child in question along with denying all allegations of domestic violence as baseless.