RAVI KUMAR Vs. REETA DEVI

JUDGEMENT

(1.) THIS petition under Section 397 of the Code of Criminal Procedure is directed against the order dated 19.4.2014 passed by learned Additional Chief Judicial Magistrate, Joginder Nagar, District Mandi, H.P. in Cr.M.A. No. 226 -IV/2013 whereby he has ordered the petitioner to pay interim maintenance of Rs. 1,000/ - each to the respondents and has declined the request of the petitioner for DNA test upon the respondent No. 2.

(2.) THE facts, in brief, may be noted. The marriage between the petitioner and respondent No. 1 was solemnized according to Hindu rites on 12.12.2002 at village Patta, Tehsil Joginder Nagar, District Mandi, H.P. The respondent No. 1 gave birth to respondent No. 2 on 30.6.2003 at Sanjivan Hospital, Mandi. It is the allegation of the petitioner that the child was born after full term delivery, while only a period of six months had elapsed after the marriage of the petitioner and respondent No. 1 and accordingly when the petitioner asked for an explanation, respondent No. 1 and her parents started pressurizing the petitioner to accept the respondent No. 2 as his son. It is further claimed that in order to increase the magnitude of harassment towards the petitioner, respondent No. 1 and her parents got registered a false case against the petitioner under Section 498 -A IPC at Police Station, Joginder Nagar, District Mandi, in which case he was acquitted.

(3.) THE respondents on the other hand, filed a petition under Section 125 of the Code of Criminal Procedure for grant of maintenance at the rate of Rs. 5,000/ - per month to each of the respondents and also sought litigation expenses amounting to Rs. 20,000/ -.