MICHEL JOHN Vs. THRESSIAMMA JOHN

JUDGEMENT

(1.) The petitioner faces proceedings under Section 125 Cr.P.C initiated by the respondent, admittedly a woman married by him. The marriage is admitted by both contestants. The petitioner has opposed the claim for maintenance on the short plea that the claimant/wife has deserted him and was leading an adulterous life with her former fiancee. It was further alleged that in such relationship, she has conceived and had given birth to a child. Long after such separate residence, co-habitation with the paramour and the birth of the child took place, the claimant is staking the present claim for maintenance without any bonafides, it was contended.

(2.) The claimant/wife denied the allegation that she was leading an adulterous life and that she had conceived in her relationship with a stranger. She denied that she had given birth to any child. In fact, in the chief affidavit filed by her, the claimant specifically offered that she is willing to undergo any medical examination to prove her assertion that she has not given birth to any child.

(3.) Later, the petitioner filed an application to get the claimant/wife examined by a doctor. Strangely, that application appears to have been resisted. By the impugned order, the learned Judge of the Family Court rejected the prayer made by the petitioner to facilitate such medical examination.