MOHIT PRAKASH BANJARE Vs. XYZ

JUDGEMENT

(1.) The petitioner/husband has filed the present writ petition under Article 227 of the Constitution of India assailing the order dtd. 1/12/2023 passed by the learned First Additional Principal Judge, Family Court, Raipur in Case No. 249/2022 by which the learned trial Court has rejected the application filed by the petitioner for conducting DNA test.

(2.) Brief facts as reflected from the record are that the petitioner and respondent No. 1 got married on 20/4/2015 at village Serikhedi District Raipur as per Hindu Rights and Rituals. It has been alleged by the petitioner that after three years Respondent No. 1 left the house of petitioner and deserted her husband. Respondent No. 1 wife filed an application u/s 125 of on 5/4/2022 for grant of maintenance to the tune of Rs.20,000.00 per month which was registered as case No. 249/2022 before the learned Principal Judge, Family Court Raipur (C.G.) mainly contending that after marriage, she came to know that the petitioner indulges in alcohol, drugs and other intoxicants. When she advises him not to do so he used to treat her like an animal, beat and abuse her. He had also prohibited her to go to her maternal home, neither she was allowed to attend any family function of her maternal home, nor her parents were allowed to meet her. The torture of the petitioner increased day after day. On 04/10/2020, her daughter was born. After the birth of the daughter, the behavior of the petitioner became even more aggressive and he used to get drunk by consuming alcohol and drugs every day. When he used to come home, he beat her on some issue or the other. The birth treatment and hospital expenses of daughter were also borne by her father. In the month of March 2021, she was beaten by the petitioner very brutely to extent that she almost died which has compelled the her leave the petitioner. Since then, the she along with her daughter is living with her parents in her maternal home. Her father several times asked his son-in-law (petitioner) to take her back, then the petitioner misbehaved and abused the her father and said that if your daughter returns to my house, I will kill her. Due to the above reason, the she is forced to live with her parents. Since, the petitioner has not made any arrangement for the maintenance for her and for her daughter, hence there is a need to file application for grant of maintenance. The petitioner is an auto driver by profession. The auto was purchased by her father. The petitioner earns approximately Rs.40.00 to 50 thousand per month by driving the auto. Therefore, the petitioner is capable and able to maintain the respondent No.1 and her daughter. As such, Rs.20,000.00 per month be given to them for maintenance.

(3.) The petitioner denied all the contents leveled by the respondent no. 1 and has replied to the application filed by the respondent No. 1 u/s 125 of Cr.P.C. During the pendency of the case No. 249/2022, the petitioner has filed an application for conducting DNA test for the testing of paternity of respondent No. 2 contending that respondent wife has been living separately from the year 2018 and petitioner has not formed any matrimonial relation with wife. Learned family court has rejected the application filed by the petitioner for conducting the DNA test on technical point vide order dtd. 24/7/2023.