(1.) This Criminal Revision has been filed challenging the order dtd. 14/02/2018 passed in MJCR No.299/2015 by Principal Judge, Family Court, Sihore by which the Family Court has directed the present petitioner to pay a sum, of Rs.4,000.00 per month as maintenance to respondent No.1.
(2.) Learned counsel for the petitioner submits that respondent No.2 approached the Family Court by way of an application under Sec. 125 of Cr.P.C. in which the present respondents were arrayed as applicant No.1 and 2. It was submitted in the application that after marriage of the petitioner with respondent No.2 on 07/05/2009, respondent No.1 was born out of their wedlock. Thereafter, respondent No.2 at her matrimonial house was subjected to cruelty, therefore, subsequent events ensued in filing of an application under Sec. 125 of Cr.P.C. which has been allowed in respect of respondent No.1.
(3.) It is contended by the counsel that the order passed by the Family Court, Sehore suffers from perversity as the Court was required to appreciate as to whether respondent No.1 is biological daughter of the present petitioner or not. It is contended by the counsel that respondent No.2 was suffering from a gynecological disease known as Fibriod and on account of said disease, the respondent No.2 was unable to conceive, therefore, she could not have delivered the child. It is contended by the counsel that in response to the application filed under Sec. 125 of Cr.P.C., it was specifically averred by the present petitioner that he was not a biological father of respondent No.1. It is contended by the counsel that an application was also moved during pendency of the proceedings and the said application was registered as IA No.2 and was taken up for consideration by the Family Court on 12/05/2017. While dealing with the said application, the Court considering the rival stand of the parties issued direction for conducting DNA test of respondents.