MANOHAR SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) PETITIONER Manmohan Singh is the husband of respondent No. 1. He has moved this petition under Section 482, Cr.P.C. for setting aside an order dated 17th February, 1989 passed by Miss Ravinder Kaur, Metropolitan Magistrate, New Delhi and allowed the petitioner-husband to summon the material witnesses to prove his case.

(2.) THE facts necessary for the disposal of this petition are that the respondent-wife filed a petition under Section 125 Cr.P.C. for grant of maintenance against the petitioner-husband sometime in 1980. The evidence of the respondent-wife was concluded on 15.7.1986 and thereafter several opportunities were granted to the petitioner-husband to complete his evidence. The impugned order which is sought to be set aside was passed on an application moved by the petitioner under Section 311, Cr.P.C. for summoning the record of the A.I.I.M.S. regarding the birth of Master Harpreet Singh. The petitioner-husband wanted to prove that Master Harpreet Singh was actually the son of respondent-wife and, therefore, having given a birth to a son without having lived with the husband she was leading an adulterous life.

(3.) I am, therefore, of the considered view that there is actually no merit in this petition under Section 482 Cr.P.C. which is hereby dismissed. The record of the trial Court as well as a copy of this order be despatched expeditiously to the court concerned. Order accordingly.