MIGADA VARALAKSHMI Vs. MIGADA SRINIVAS

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners in M.C.No. 14 of 2002 on the file of the Judicial Magistrate of First Class, Kothavalasa, praying to quash the order in M.P.No. 867 of 2003, dated 29-09-2003.

(2.) The petitioners filed the M.C. under Section 125 of Cr.P.C. for maintenance claiming that the first petitioner is the wife and the petitioners 2 and 3 are the legitimate children of the first respondent., The first respondent contended that immediately after the marriage, he left the village and there was no consummation of marriage between him and the first petitioner and the petitioners 2 and 3 were not born through him, therefore, he filed an Application requesting the Court to send their blood samples for DNA test. The petitioners vehemently opposed the said Application and the lower Court dismissed the application by observing that after placing sufficient material to show that there was no access to the first respondent against the first petitioner, it has to be considered whether the case requires DNA test. The first respondent once again filed the present petition requesting for DNA test and it is vehemently opposed by the petitioners on the ground that the Court cannot compel them to give blood samples for DNA test to test the paternity of petitioners 2 and 3 as that of the first respondent. The learned Magistrate ordered for DNA test directing the petitioners to give blood samples. The petitioners, being aggrieved by the order of the lower Court, preferred the present Petition.

(3.) The learned counsel for the petitioners submitted that the petitioners are not inclined to give blood samples and the Court cannot compel them to give the blood samples for the purpose of DNA test. He also relied on the Judgment of the Supreme Court in Goutam Kundu v. State of West Bengal. wherein the Supreme Court, while examining the aspect regarding the permissibility of conducting blood test to prove the paternity, held as follows:-