High Court Patna High Court - Orders

Jai Shankar Prasad Chaurasiya vs The State Of Bihar &Amp; Anr on 3 July, 2008

Patna High Court – Orders
Jai Shankar Prasad Chaurasiya vs The State Of Bihar &Amp; Anr on 3 July, 2008
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CR. REVISION No.432 of 2006
                              JAI SHANKAR PRASAD CHAURASIYA
                                                 Versus
                                   THE STATE OF BIHAR & ANR
                                               -----------

7. 03.07.2008. Heard learned counsel for the petitioner. None appears for

the sole Opposite Party inspite of service of notice on her.

2.This Cr. Revision application is directed against the

judgment dated 24th March, 2006 passed by the Principal Judge,

Family Court, Motihari in Maintenance Case No. 133 of 2005/6 of

1999, whereunder petitioner has been directed to pay maintenance to

the sole opposite party and her minor child.

3.It is submitted on behalf of the petitioner that the child for

whom maintenance has been allowed under the impugned judgment is

an illegitimate child of the opposite party, which fact can be

established by subjecting the petitioner and the minor child of the

opposite party to a D.N.A. test at the cost of the petitioner.

4.The request of the petitioner to subject him and the minor

child to D.N.A. test can be considered by the court below on payment

of 75 per cent of the up-to-date maintenance amount by the petitioner

in the court below, which amount must be deposited within two

months, whereafter the said amount should be permitted to be

withdrawn by the sole opposite party and thereafter the petitioner and

the minor child of the opposite party be subjected to the D.N.A. test.

5.With the aforesaid observations and directions, this Cr.

Revision application is disposed of.

(V.N.Sinha,J.)
P.K.P.

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