RAJESH CHAUDHARY Vs. NIRMALA CHAUDHARY

JUDGEMENT

(1.) This petition challenges the order dated 9th September, 2004 passed by the Additional District Judge, Delhi dismissing the application or the petitioner filed under Order XXVI Rule 10A read with Section 151 of CPC for seeking permission to ascertain the paternity of the female child of the petitioner/husband and the respondent/wife. Very important questions affecting matrimony and the limits of the rights of a spouse (husband) to demand the DNA testing of a child allegedly not fathered by him arise in this petition. Dignity of a woman and its parameters and whether or not DNA testing should be ordered merely. upon the questioning of the paternity of the child also arise in this petition under Article 227 of the Constitution of India. Equally important is the issue whether an estranged wife claiming maintenance for herself and the child can be denied any interim maintenance while the complex issue of DNA testing on an allegation of illegitimacy of the child awaits determination.

(2.) The petitioner husband Rajesh Chaudhary was married to the respondent wife Nirmala Chaudhary in December, 2000 and a daughter was born on 26th October, 2001 and after initiation of criminal proceedings by the wife and during the determination of matrimonial proceedings arising from the divorce petition filed by the petitioner and a claim for interim maintenance by the respondent/wife, a plea was raised by the petitioner that he had not fathered the child.

(3.) The petitioner's case is as under:-