SOMA RAMA CHANDRAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition has been preferred by the petitioner-accused under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) to quash order dated 16.7.2009 in Crl.M.P. No.89 of 2009 (Crl.M.P) on the file of Judge, Family Court-cum-III Additional District Judge, Warangal.

(2.) The petitioner is the husband, the second respondent is the wife and the third respondent is the daughter of the second respondent. Whereas the petitioner herein is the respondent, the respondents 2 and 3 herein are the petitioners in the M.C. No.8 of 2009 (M.C). For the sake of convenience, I refer the parties as arrayed in the M.C. before the Court below.

(3.) The petitioners filed the M.C. to award certain amounts towards their maintenance against the respondent on the ground that he being the husband of the first of them and father of the second of them, neglected and deserted them without lawful cause while they got no means to maintain themselves. It is the claim of the respondent in the M.C. that the first petitioner is guilty of adultery and the second petitioner was not born to him whereas she was born to the first petitioner by virtue of her adultery with a different male person by reason of which he got no responsibility to provide any maintenance to the second petitioner. In that context he filed the Crl.M.P under Section 12 of the Family Courts Act, 1984 read with Section 45 of the Indian Evidence Act, 1872 before the Court below seeking to send the second petitioner for DNA (Deoxyribo Nucleic Acid) test for the purpose of determining as to whether he happened to be her natural father for the purpose of awarding necessary maintenance to her as pleaded in the M.C against him on which the Court below passed the following order.