She was sent for delivery at her parents place where she gave birth to a girl child, the respondent number 2 herein.
The said prayer of the respondents was accepted and this Court by order dated 22nd of July, 2011 gave the following direction Despite the fact that the report of the DNA Test companyducted at the Regional Forensic Science Laboratory, State of Maharashtra, Nagpur 12, indicates that the petitioner is number the biological father of the respondent No.
The petitioner had also applied for referring the child for DNA test, which was refused.
The challenge to the said order in revision has failed so also a petition under Section 482 of the Code, challenging those orders.
He denied that respondent number 2 is his daughter.
1 Ms. Lata Nandlal Badwaik to make a joint application to the Forensic Science Laboratory, Nagpur, situated at Jail Road, Dhantoli, for companyducting such test.
Petitioner husband resisted the claim and alleged that the assertion of the wife that she stayed with him since 20th of June, 1996 is false.
Thereafter, the wife resorted to a fresh proceeding under Section 125 of the Code of Criminal Procedure hereinafter referred to as the Code claiming maintenance for herself and her daughter, inter alia, alleging that she started living with her husband from 20th of June, 1996 and stayed with him for about two years and during that period got pregnant.
In the light of the aforesaid order, the Regional Forensic Science Laboratory, Nagpur has submitted the result of DNA testing and opined that appellant Nandlal Vasudev Badwaik is excluded to be the biological father of Netra alias Neha Nandlal Badwaik, respondent number 2 herein.
1, shall present themselves at the Laboratory with respondent No.
Wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure, but the same was dismissed by the learned Magistrate by order dated 10th December, 1993.
The marriage between them was solemnized on 30th of June, 1990 at Chandrapur.
It is against these orders, the petitioner has preferred this special leave petition.
The learned Magistrate accepted the plea of the wife and granted maintenance at the rate of Rs.900/ per month to the wife and at the rate of Rs.500/ per month to the daughter.
After 1991, according to the husband, he had numberphysical relationship with his wife.
It is against the said order of refusal that the present Special Leave was filed and the same prayer for companyducting the DNA test was made before us.
Respondents, number being satisfied with the aforesaid report, made a request for re test.
Leave granted.
Taking numbere of the challenge to the paternity of the child, this Court by order dated 10th of January, 2011 passed the following order However, the petitioner husband had challenged the paternity of the child and had claimed that numbermaintenance ought to have been awarded to the child.
2 for the said purpose on the date to be fixed by the laboratory, and, thereafter, the laboratory is directed to send the result of such test to this Court within four weeks thereafter.
The petitioner, as well as the respondent No.
The expenses for the test to be companyducted shall be borne by the petitioner husband.
PRASAD, J. Petitioner happens to be the husband of respondent number 1, Lata Nandlal Badwaik and alleged to be the father of girl child Netra alias Neha Nandlal Badwaik, respondent number 2, herein.
