MODI Vs. LATOOR LAL

JUDGEMENT

(1.) ORDER granting maintenance to petitioner wife and her minor child, was set aside by the Revisional Court on the ground that she was living in adultery and respondent husband was not the father of her minor child. In the instant revision petition the petitioner-wife seeks to quash the said order of Revisional Court.

(2.) CONTEXTUAL facts depict that the petitioner-wife moved an application under Section 125 Cr. P. C. against the respondent- husband with the averments that she got married with respondent according to Hindu rites. The respondent kept the petitioner with him for about one year and when she was having pregnancy of seven months she was turned out by the respondent. The petitioner gave birth to Kishan Gopal, who on the date of filing application was of three years of age. The respondent kept another woman as his de-facto wife and refused to maintain the petitioner who is unable to maintain herself. Therefore, she filed the application claiming maintenance for herself and child Kishan Gopal. The respondent contested the application. The fact of marriage was admitted but it was pleaded that the marriage was not consummated and Kishan Gopal was not his son. The respondent levelled allegation of adultery against the petitioner. As many as four witnesses were produced by the petitioner whereas the respondent examined two witnesses. Learned Additional Civil Judge (Jr. Dn.) & Judicial Magistrate Bundi vide order date November 10, 1995 allowed the application and granted maintenance to the tune of Rs. 400/- per month to petitioner and Rs. 400/- per month to minor child Kishan Gopal. The said finding of learned Magistrate was set aside by learned Additional Sessions Judge Bundi vide order dated November 19, 1996.

(3.) IN the peculiar facts and circumstances of the case where the parties are illiterate and it is difficult to find definitely the paternity of child Kishan Gopal, I am of the opinion that result of Deoxyribonuclic acid test (DNA test) by itself can be taken as conclusive in deciding paternity. IN Nand Lal Misra vs. Kanhaiya Lal Misra It was propounded that it is the duty of the court before making the order under Section 125 Cr. P. C. to find definitely though in a summary manner the paternity of the child.