MADANAIAH DURGAM CHINNA KANDE Vs. KANDE OMKAR KANDE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.

(2.) In this criminal writ petition, filed under Articles 226 and 227 of the Constitution of India, challenge is to the order dtd. 16/11/2021 passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Additional Sessions Judge allowed the revision filed by the respondent and quashed and set aside the order dtd. 26/3/2021 passed by the learned Judicial Magistrate First Class, Rajura, District Chandrapur. The learned Judicial Magistrate First Class, Rajura by his order dtd. 26/3/2021 was pleased to allow the application made by the petitioner at Exh.16 in MCA No.70/2014 and directed the petitioner and the respondent to undergo the DNA test at Regional Forensic Science Laboratory, Gourakshan Road, Dhantoli, Nagpur.

(3.) The facts relevant for the decision of this petition can be summarized as follows: The respondent Master Omkar Kande (hereafter referred to as the "applicant") through his mother and natural guardian Sau. Sandhya Rani Madanaiah Kande has filed an application under Sec. 125 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking maintenance from the petitioner (hereinafter referred to as the "non-applicant"). It is the case of the applicant that non-applicant is his father. The non-applicant married with Sandhya Rani on 10/2/2005 as per Hindu Rites and Customs. The marriage was registered in the office of the SubRegistrar of Marriage at Rajura on 15/4/2006. It is stated that the mother of the applicant is legally wedded wife of the nonapplicant. The applicant was born on 27/4/2007 in the wedlock between the non-applicant and his mother. It is further stated that during the subsistence of marriage, the discord and dispute started on account of illicit extramarital relations of his father with one Sammakka D/o. Bangari Rajya in the year 2009. The mother of the applicant was, therefore, forced to leave the matrimonial home and stay with the applicant at some other place.