PREM Vs. HARDAYAL

JUDGEMENT

(1.) This appeal is filed against the judgment and decree passed by Family Court on 4/9/2019 dissolving the marriage.

(2.) The brief facts are that the marriage of the parties was solemnized in the year 1993 and a male child was born on 2/8/2004. As per the appellant she was maltreated during her pregnancy and thrown out of the matrimonial home. The appellant lodged an FIR No.250/2004 at Police Station Nasirabad under Sec. 498-A and 406 of IPC and Sec. 4 of Dowry Prohibition Act, 1961 against husband and his family members. The respondent and family members were acquitted in the criminal case. In the application filed by appellant under Sec. 125 Cr.P.C, the respondent took a stand that though the marriage was solemnized in the year 1993 but "Gauna" had taken place on 18/1/2004 and on that date the appellant was three months pregnant. A full matured child was delivered on 2/8/2004 i.e. after almost six and half months of the Gauna. The Family Court while dealing with the application under Sec. 125 Cr.P.C. considering the dispute, ordered DNA testing of the child. As per the DNA report, the respondent was not biological father of the child. The petition under Sec. 13 was filed on the grounds of adultery, cruelty and desertion. To prove the case, the respondent himself deposed and two witnesses were examined. The DNA report was exhibited as Ex.1.

(3.) None has put in appearance on behalf of the respondent despite service.