CHUMAN LAL SAHU Vs. DHANUSH LAL SAHU

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 7/10/2017 passed by the First Addl. Principal Judge, Family Court Durg whereby the suit for declaration that the plaintiff is not the biological father of the defendant was dismissed.

(2.) According to the plaint, on a report being made by mother of respondent, a sessions case was registered against the appellant u/s 376 of IPC wherein he was acquitted. At the time of birth of the child Dhanush Lal, the name of plaintiff Chummanlal Sahu (appellant herein) was got recorded as father. The appellant contended that he never had physical relations with the mother to whom child Dhanush Lal was born. As such, the plaintiff cannot be declared to be a biological father of Dhanush Lal Sahu and declaration was sought for to that effect.

(3.) The defendant(s) filed their written statement and stated that in Sessions case registered under Sec. 376 IPC, certain compromise was effected and the prosecutrix was examined before the Court wherein she made a statement in favour of the plaintiff, therefore, the plaintiff was acquitted. During the cross examination before the Court in the said criminal case, when a question was posed to her as to whether she is ready and willing to go with the plaintiff if the accused plaintiff marries and keeps her as wife, she answered that she is ready and willing to marry the plaintiff but the marriage should be in the Court. In the said case, during the statement made of accused u/s 313 of CrPC, the appellant/ plaintiff also stated that if the complainant wants to marry and stay with him, then he is ready and willing to keep her. In the written statement, it is further contended that the birth of child Dhanush is an outcome of physical relations developed between the plaintiff and mother of respondent, therefore, the name of plaintiff got recorded in the birth certificate. The learned family Court dismissed the suit of the plaintiff. Hence, this appeal.