BANOTH KRISHNA Vs. BANOTH VIMALA

JUDGEMENT

(1.) THE revision petitioner is the husband of the revision 1st respondent and father of the revision -2nd respondent as per their claim in the M.C. No. 7 of 2013 against the revision petitioner who disputes the same. It is in the M.C. No. 7 of 2013 pending trial, the M.C. Petitioners filed the Crl. M.P. No. 279 of 2013 under Section 45 of the Indian Evidence Act for D.N.A. test to the M.C. -2nd petitioner and M.C. -respondent on paternity dispute. The same was allowed. Impugning the same, the M.C. -respondent filed this revision petition against said order dated 22.04.2014 passed by the Principal Judicial magistrate of the First Class, Kothagudem in Crl. M.P. No. 279 of 2013 in M.C. No. 7 of 2013 allowing the petition filed under Section 45 of Indian Evidence Act with a direction to undergo DNA test for paternity test before A.P.F.S.L., Hyderabad.

(2.) THE contention of the revision petitioner is that no such relief can be granted in a proceedings under Section 125 Cr.P.C. as it is a summary proceeding and not to provide for full and final determination of the status and personal rights of parties that too at the fag end of the proceedings i.e., before advancing arguments and further contended that the Court below by going beyond the scope of the provisions of Section 125 Cr.P.C. allowed the petition and prayed to allow the revision by setting aside the impugned order. The main contention of M.C. -respondent is that he is Banoth Krishna and P.W -1 in her cross -examination deposed that her marriage was performed with Banoth Kishan and again stated as Krishna; while saying Kishan is her paternal uncle's son. Thereby her husband is some other person and the son is not born to him.

(3.) HEARD both sides at length and perused the material on record including the evidence of P.W -1 and the copies of Exs. A -1 to A -11 and Exs. R -1 to R -11 marked in the maintenance case besides the petition and counter in the maintenance case as well as the Section 45 Evidence Act petition. Among the Exs. A -1 to A -11, Exs. A -1 to A -8 are the photos and negatives, others are the list of marriage gifts, lagna patrika and the study certificate of the child Ganesh, showing B. Krishna who is husband of her and father of M.C. -2nd Petitioner. Among Exs. R -1 to R -11 wedding invitation of B. Krishna (Respondent) with Shanti, Singareni Collieries Medical attendance book and certificate of him, his wife, parents and 2 children and not showing the M.C. -petitioners names so also the household supply card, study certificate of Banoth Ganesh as son of Kishan, Indiramma pension scheme statement of names in voters lists.