AISHWAR DHAR DIWAN Vs. RAKESH DIWAN

JUDGEMENT

(1.) HEARD . Applicants have filed an application under Section 125 of the Cr.P.C. for grant of maintenance against the respondent on the ground that Smt Asha Diwan, applicant No. 3 was married to the respondent, who after the marriage lived with her husband i.e. respondent and out of their wedlock, applicants No. 1 & 2 were born. Respondent denied the relationship and even denied the paternity. Therefore, an application has been filed by the applicants to establish the paternity by DNA Test. Respondent did not agree to it, therefore, vide order dated 31.1.2005, Chief Judicial Magistrate Dhamtari rejected the application.

(2.) FEELING aggrieved, applicants have filed the instant application under Section 482 of the Cr.P.C. for directing DNA test of applicants No. 1, 2 and respondent. Applicant No. 3 is alleging that she was married to respondent Rakesh Diwan she lived as his wife; and applicants No. 1 and 2 were born out of their wedlock. She is the best person to disclose paternity of her children and in case of denial by the respondent to establish paternity parties can be asked to enter DNA test. When Asha Diwan and her children are willing to enter medical test and also agree for bearing the expenses, such a scientific method should have been applied to ascertain the paternity of both the minor children. Therefore, for DNA test, a direction from the Court was necessary. However, if Rakesh Diwan refused to face DNA test, the Court may draw adverse inference according to law against him