Komalchand v. Sukhchand Sukh Lal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 391 of 2009 Komalchand Aged about 30 years, S/o Shivnarayan, By Occupation Agriculturist, R/o village Bema, Thana Khadgawa, Tahsil Manendragarh, District Koreya. ---- Applicant

Versus

Sukhlal, aged about 1 month S/o Komalchand, through natural guardian and next friend mother Shyambai, aged about 15 years, D/o Kishnu Gond, Through her father Kishnu aged about 40 years, S/o Alamsay, R/o village Bema, Thana Khadgawa, Tahsil Manendragarh, District Koreya. ---- Respondent For Applicant : Shri Parag Kotecha, Advocate.

For Respondent : Shri R.K.Gupta, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Order on Board 21/10/2016 1.

Heard learned counsel for the parties.

2.

The Applicant has challenged the order dated 01.07.2009 passed by the learned Family Court, Koria in Miscellaneous Criminal Case No. 34 of 2007 whereby the learned Court has awarded a sum of Rs. 2,000/- per month as maintenance to the Respondent.

3.

The only ground of challenge by the Appellant is that he is not the father of the child. This Court, vide order dated 04.08.2016 had suggested that the Applicant and the child can undergo for DNA profiling test to find out whether the

Applicant is the actual father of the child or not. 4.

The child alongwith the mother have appeared before this Court. Shri Kotecha, learned counsel for the Applicant states that he has written letter to the Applicant informing him about the order of this Court but his client has not turned up.

5.

It is apparent that the Applicant does not want to undergo paternity test. Therefore, I find no merit in this revision petition. It is dismissed. Sd/- (Deepak Gupta) CHIEF JUSTICE Amit