DIDDE SUNDARA MANI Vs. DIDDE VENKATA SUBBARAO

JUDGEMENT

(1.) This criminal petition is filed against the order dated 1-4-2002 passed in Crl.M.P. No. 1568 of 2002 in MC No. 11 of 1999 by the II Additional Judicial First Class Magistrate, Kovvur, allowing the petition filed by the respondent herein for sending the petitioners herein who are respondents in the said petition, to necessary tests to the Centre for DNA Finger Printing and Diagnostics, CCMB Campus, Hyderabad.

(2.) The facts leading to the present litigation between the parties may be noted briefly. The marriage of the 1st petitioner and the 1st respondent was solemnized on 11- 10-1978 according to their caste custom and thereafter both lived together happily for quite sometime. It is stated that thereafter the 1st respondent got used to all types of vices such as drinking, womanizing and neglected the 1st petitioner. It is also stated that the 1st respondent used to beat her quite often very cruelly without any reasonable cause and eventually deserted her. As the 1st respondent deserted her wilfully, the 1st petitioner filed MC No.14 of 1985 on the file of II Additional Judicial First Class Magistrate, Kovvur, wherein an amount of Rs.100/- was granted towards the monthly maintenance. Both the spouses stated to have reconciled when the 1st petitioner filed a petition in MP No.91 of 1989 for enhancement of the said monthly maintenance amount and they both filed a memo to that effect before the Court and started living together. Thereafter, the 1st petitioner stated to have given birth to the 2nd petitioner in the year 1992 out of their wedlock and they could live happily together upto the year 1995.

(3.) The trouble started thereafter, when it is stated that the 1st respondent again addicting to vices and deserted both the 1st petitioner and her son the 2nd petitioner. It is stated that the several efforts made by the 1st petitioner to bring back her husband into family fold, could not work out. It is stated that the 1st petitioner came to know that her husband deserted her because of his illicit intimacy with another woman of Ankalagudem. As the petitioners, were not in a position to maintain themselves and having no alternative, they again filed MC No.11 of 1999 on the file of II Additional Judicial First Class Magistrate, Kovvur, for granting monthly maintenance. It is stated that in the said proceedings a monthly maintenance of Rs. 1,000/- each was granted to the petitioners 1 and 2 in the month of February, 1999. It is stated that after a lapse of three years, the 1st respondent filed the present petition MP No. 1568 of 2002 under Section 45 of the Indian Evidence Act, for sending the petitioners to necessary tests to the Centre for DNA, Finger Printing Diagnostics, CCMB Campus, Hyderabad. The reason assigned for seeking such a relief by the 1st respondent is that the 1st petitioner is quite arrogant and she addicted to bad vices such as drinking alcohol apart from leading an immoral life and that the 2nd petitioner is not born through him and he is not his son. By the impugned order, the said petition Crl.M.P.No.1568 of 2002 was allowed by the Court below.