RAM LAL Vs. SAVITA & ANR.

JUDGEMENT

(1.) The petitioner-husband is aggrieved by the order dated 31.10.2009, passed by the learned Judge, Family Court, Udaipur, whereby the learned Judge has directed the petitioner-husband to pay a maintenance of Rs. 1,000.00 per month to the respondent-wife and Rs. 500.00 per month the respondent No.2, Sunil, the alleged son. Mr. U.S. Gehlot, the learned counsel for the petitioner, has vehemently contended that the respondent- wife, Smt. Savita, is not the lawful wedded wife of the petitioner. According to him, he may have married her through the Nata custom. However, the said marriage is not a valid marriage under the Hindu Marriage Act. Secondly, the petitioner had denied the fact that respondent No.2, Sunil, is his legitimate son. In fact, he had filed an application for getting the DNA testing done. However, the said application was dismissed ostensibly on the ground that it was a tactic adopted by the petitioner to prolong the proceeding. According to the learned counsel, even today the petitioner is willing to undergo a DNA test to prove the fact that Sunil is not his legitimate son. According to him, Sunil is an illegitimate son of the respondent-wife begotten from some other person. On the other hand, Mr. Anuj Sahlot, the learned counsel for the respondents, has strenuously contended that since the Hindu Marriage Act is inapplicable upon a person who is member of the Meena community, since the Nata ceremony is a prevalent ceremony amongst the Meena community, therefore, the respondent-wife was legally married according to the customary rights. Moreover, it is during the course of co-habitation, as husband and wife, that Sunil was begotten. The learned counsel has further contended that the respondent Nos.1 and 2 are willing to undergo a DNA test provided that in case the DNA report is positive and clearly proves that Sunil is the legitimate son of the petitioner, the petitioner should be imposed with a cost of Rs. 5,00,000.00. For, his allegation that the Sunil is not his legitimate son amounts to a character assassination of respondent-wife and equally jeopardizes the social reputation of the respondent No.2. Heard the learned counsel for the parties and perused the impugned order.

(2.) The only way to sort out the ticklish issue about the legitimacy or illegitimacy of the child is through a proper DNA test. According to this Court in the case of Smt. Modi Vs. Latoor Lal [2004 (2) WLC (Raj.) 625], this Court had observed that in case the paternity of the child is under challenge, it is better to direct the parties to undergo a DNA test. Therefore, this Court directs all the three parties to be present before the Family Court, Udaipur on 04.07.2011. The learned Judge is directed to ensure that the DNA test is carried out and samples thereof should be sent to the Central Forensic Laboratory at Hyderabad. The Laboratory at Hyderabad is directed to send its report within a period of one month from the date of receipt of the DNA samples. It is further directed that in case the report is a positive one, in favour of the respondent Nos.1 and 2, and it is indicated that Sunil is the legitimate son of the petitioner, in that eventuality, the petitioner shall pay a compensation of Rs. 5,00,000.00 to the respondent Nos.1 and 2 jointly. With these observations, this petition is, hereby, disposed of. Petition disposed of.