SEEMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner challenging the order dated 14.11.2011 passed by the learned Addl. Sessions Judge, F.T. No. 2, Bikaner in Case No. 268/2011 in revision whereby the learned revisional Court has dismissed the revision filed by the petitioner and affirmed the order dated 20.7.2011 passed by the learned Judge, Gram Nyayalaya, Kolayat in Cr. Case No. 28/2010 rejecting the application filed by the petitioner for subjecting the respondent to D.N.A. Examination.

(2.) The petitioner moved the Trial Court by way of an application under Section 125 Cr.P.C. claiming maintenance from the respondent. The respondent contested the proceedings and took a stand that he had no relation with the petitioner and that the child claimed to have born from the wedlock of the parties i.e. Seema and Pawan was not born from his loin. The petitioner accordingly moved the trial Court for subjecting the respondent to D.N.A. Examination for comparing his D.N.A. with that of the off spring Gauri Shanker. Such application was rejected by the trial Court. Hence the misc. petition.

(3.) The misc. petition was filed by the petitioner in the January 2012. The notice of the respondent Pawan could not be served despite repeated efforts. It appears that in the meantime, the trial Court issued warrant for recovery of maintenance amount under the interim maintenance order passed in the petitioner's favour, on which the respondent felt the heat was forced to put in his appearance by filing a misc. petition for challenging the recovery proceedings.