SHARDA Vs. SURAT SINGH

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C., is directed against the order dated 23.5.2016 passed by learned Judicial Magistrate 1st Class, Solan, District Solan, H.P. whereby the application filed by the petitioner seeking direction to the respondent to undergo DNA profiling test alongwith his children and to obtain expert opinion in this regard, came to be dismissed.

(2.) The application filed by the petitioner under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short 'Act') is pending adjudication before the learned trial Magistrate. In the application, the petitioner had averred that she had been living for the last more than 40 years with the respondent , who had kept her as a wife and out of the said relationship, two children Surinder Parkash and one Sushma were born and now the respondent had stopped maintaining the petitioner and prayed that pending disposal of the application the residence order (fourth storey - first floor known as Surat Bhawan), as required under Section 19 of the Act be passed.

(3.) In reply to the application, the respondent denied having had any relationship with the petitioner and further denied the children mentioned above are not his.