Delhi HC orders DNA test to settle maintenance row

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Written by Administrator
Thursday, 15 May 2008
Delhi HC orders DNA test to settle maintenance row Here is the judgment: Delhi HC - DNA Test-HMA-2008- Justice Vipin Sanghi As per LAW : "For a wife even adultrity also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act." It is a harsh reality, but the truth was exposed long back and still the question is unanswered : National Commission of Women or National Commission of Adulterous women? Delhi HC orders DNA test to settle maintenance row 15 May 2008, 0115 hrs IST,Abhinav Garg,TNNP NEW DELHI: Faced with claims by a man that he didn't father a child for whom his estranged wife is seeking maintenance, Delhi High Court has ordered a DNA test of the child to determine his paternity. The man alleges the child was born out of an adulterous relationship. Justice Vipin Sanghi has roped in AIIMS to conduct a paternity test on eight-year-old Anup (name changed) to decide if the father, Ravinder (name changed) is the biological father or not. Ravinder had moved HC after a lower court hearing the maintenance petition had rejected his demand for a DNA test on Anup. "The parentage of the child can only be determined by a DNA test. The liability to pay maintenance under section 125 CrPC can be avoided by the petitioner with respect to this child only if it is established that he is not the biological son of the petitioner," the judge observed while quashing the lower court's decision. HC has asked the mother, Sonam (name changed) to ensure her child is present before the AIIMS medical superintendent on May 22 at 11am for the DNA test. Ravinder had pressed for a DNA test before HC, claiming that Sonam had illicit relations with her brother-in-law and this child was born out of that affair. Wondering why should he be held liable for maintenance when he wasn't the biological father, Ravinder also claimed he didn't have physical relations with his wife ten months before Anup was born and therefore suspected her of committing adultery. The marriage took place in September 2000 and in June, a year later, Anup was born. Alleging Sonam of having illicit relations, Ravinder walked out of the marriage, only to be slapped with a case of harassment for dowry in 2007 and a case of maintenance a year later. Sonam has demanded maintenance for Anup and her first child whom she had out of her first marriage. Ravinder's plea before the magistrate was dismissed after the lower court held that holding of a DNA test will not have any effect on the merits of the case as maintenance petition doesn't differentiate between a legitimate child and an illegitimate one. But HC favoured Ravinder when he pointed out that his claim is that Anup isn't his biological child. This email address is being protected from spam bots, you need Javascript enabled to view it The basic principal of any Justice system and court proceding that the truth must preveil and no-one can take the un-due advantage for his/her own worng doing. Unfortunately our national comission of Women ( NCW) , unable to understand the same and desprate to save gurd the adultrous women of our society and continously campain and make lobby in Parlament, that a adultrous women should get the maintance and the reson best to them. At last Delhi High court tried to stop for such women , who think adultrity is thier birth right and even they use the same for a free money earning business and treat the Men as Free ATM Machine. It is harsh reality, but the truth was exposed long back and still the question is unanswered : National Commission of Women or National Commission of Adulterous women? "So, save family foundation, strongly oppose such “dadagri of NCW” by Ms.Girija Vyas and request our Lawmaker to act immediately amend the CRPC 125 as under: The word men/women to be replaced by the word Person and husband/wife to be replaced by the word Spouse. A well-educated person should earn their live hood by their hard work instead of treating others as a Free ATM machine. The word “living-in-adultiry” to be replaced by the word “living or lived in adultrity” during the relationship of both the partner, should not be entitled for any maintenance from each other, as it is a criminal breach of trust and cheating. If any one filed the maintenance under crpc 125, the person should not be entitled to file or claim any other maintenance case under section24 or DV act. Let wait and see , how our LAW makers react to “NCW’s dadagari” and able to provide and maintain a civilized society of India or create a lot of Father less Child in India also , by promotion of adutrity and undefined live-in-relationship( only a photo of two partner is sufficient to define the live-in-relationship). So, Save family foundation and all their sibling associations urge to the LAW maker to ake the LAW without any Gender bias and without any assumption that all the women born in Raja Harish Chandra family (never lie) and all the men born in Criminal family. And we feel such type of absurd suggestion is a insult to those honest women , who do not do the adultrity and believe in institution of marriage and let them to decide in this country the meaning of NCW is “National Commission of Women or National Commission of Adulterous of Women !!” And for Indian men, forget about you do adultrity or not it does not matter , irrespective the allegation is true or false , not only you , your mother, sister, age old father will be thrown out of your own house under DV act , just one line complain : Just she have to say , “I am anticipate of Domestic Violence” form my partner , let it be a friend , husband or any one and you are out of your own house and land up in Railway Platform. This is called the present Justice system in India and equal right in India. For a wife even adultrity also is not a crime (it is a rewarding option and free money earning business for the whole life), but for a man even an allegation of “Name-calling” is crime and not only the man, his mother/sister/age-old father also can be put behind the bar under 498A or DV act."
Last Updated ( 2008-07-29 12:36:32 )