PRASANTA BANERJEE Vs. TANDRA BANERJEE

JUDGEMENT

(1.) IN this criminal revision under Article 227 of the Constitution the petitioner challenged an order passed by the learned Additional Sessions Judge, 3rd court, Hooghly, in connection with Criminal Revision No. 17 of 2008, whereby the learned Judge dismissed the said revision and affirmed the order passed by the learned Judicial Magistrate, 4th Court, Hooghly Sadar, in connection with a proceeding under Section 125 of the Code of Criminal Procedure awarding maintenance @ Rs. 700/- per month for her minor children.

(2.) THE learned Counsel appearing in support of this application challenged the order on the following grounds:-

(3.) IT is the further case of the petitioner/husband as it appearing from the submission made on his behalf that although the marriage was solemnised on 15th of July, 1998, but immediately after marriage she became ill and started vomiting and on being checked up by a local doctor on 17th of August, 1998 and after certain medical tests, it was found that she was pregnant for one and half months, which shows that before her marriage she was leading an adulterous life and the petitioner is not the father of the said child. It is submitted that the husband/petitioner is willing for a DNA Test and also agrees to bear all the expenses for the same. It is further submitted that the prayer for DNA Test was rejected on August 19, 1999 by the trial Court and then such order was affirmed by the Sessions Court on January 14, 2003 and then by the Hon'ble High Court on March 31, 2006.