RAM LAL Vs. KUMARI PRIYANKA

JUDGEMENT

(1.) Respondent herein is plaintiff in a Civil Suit No.41-1 of 2013, filed by her in the Trial Court, seeking declaration that petitioner herein (defendant in the Civil Suit) is her biological father.

(2.) Plaintiff is not a child conceived and delivered out of a wedlock, but she was conceived on account of rape committed by defendant with her mother in June 2003, which was disclosed on 15/10/2003 during medical check-up of mother of plaintiff, who was minor at that time, and, resultantly, an FIR No.82 of 2003 was registered under Sec. 376 of Indian Penal Code (IPC) against defendant and after conclusion of trial therein, defendant was convicted under Sec. 376 IPC and the conviction was upheld by the High Court by dismissing the appeal preferred by the defendant.

(3.) Plaintiff was born on 1/3/2004. She had also filed an application under Sec. 125 of the Code of Criminal Procedure (for short 'Cr.P.C.'), through her maternal grandfather Prem Chand, against the defendant, for grant of monthly maintenance, wherein, on 27/10/2010, an application Cr.MA No.18-4 of 2011 was filed by defendant for obtaining blood samples of plaintiff as well as defendant for conducting DNA Test to ascertain paternity of the plaintiff. By referring to the pronouncements of the Supreme Court in Goutan Kundu v. State of W.B., (1993) 3 SCC 418; and Sharda v. Dharmpal, (2003) 4 SCC 493, the Judicial Magistrate First Class, Ani, had dismissed the said application on 12/5/2011. The said application was opposed on behalf of plaintiff by relying upon the aforesaid pronouncements of the Supreme Court. The Magistrate had observed that direction to the parties to undergo DNA Test for determining paternity of plaintiff would amount to nothing but would have effect of branding the mother of plaintiff as an unchaste woman, which is not permissible to any Court.