SHARIK AHMAD (ADVOCATE) Vs. SUNDER LAL

JUDGEMENT

(1.) By this petition, filed under Article 227 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 12-6-2002 passed by the Presiding Officer, Family Court, Durg, in MJC No. 277/2006 (Sunder Lal v. Sharik Ahmad), whereby the application filed by the respondent for direction to the petitioner to undergo DNA test, has been allowed by the Court below.

(2.) The brief facts, in nutshell, are that the respondent (minor) has filed an application under Section 125 of the Code of Criminal Procedure for maintenance to be granted from the petitioner on the ground of being son born from him and Smt. Kiran Bai. The petitioner allured Smt. Kiran Bai, a widow, on the promise that he would marry her and developed physical relations. As a result, within the said relationship between the petitioner and said Smt. Kiran Bai, the respondent (minor) was born on 7-8-2002.

(3.) The petitioner denied the relationship of being father of the respondent. In order to establish that the respondent (minor) is born out of the physical relations of Smt. Kiran Bai and the petitioner, the application dated 10-11-2006 was filed for a direction to the petitioner to undergo DNA test.