SAU. SARITA Vs. DHANANJAY

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally.

(2.) Only a short question arises for determination in this Writ Petition as to whether asking a wife who has lodged a proceeding claiming maintenance under Section 125 of the Cr.P.C. can be compelled to give voice sample and would such a direction be violative of article 20(3) of the Constitution of India.

(3.) The petitioner no. 1 is the wife of the respondent. The rest of the petitioners are their children born out of wed lock. After a marital discord the petitioners started residing separately and filed a proceeding for maintenance under Section 125 of the Cr.P.C. in the Family Court at Nanded against the respondent. The respondent inter alia contended, by way of defence that the petitioner no. 1 was leading adulterous life and was not entitled to claim maintenance in view of sub Section 4 of Section 125 of the Cr.P.C.