IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REVISION No.432 of 2006
JAI SHANKAR PRASAD CHAURASIYA
Versus
THE STATE OF BIHAR & ANR
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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withdrawn by the sole opposite party and thereafter the petitioner and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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