Binda Devi v. Dabbu Yadav & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 29, 2015 + CRL.M.C. 5620/2014 BINDA DEVI ..... Petitioner Through:

Mr. M.P. Shukla, Advocate versus DABBU YADAV & ANR .....Respondents Through:

Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) Vide impugned order of 16th July, 2011 maintenance has been denied to petitioner in proceedings under the Protection of Women from Domestic Violence Act, 2005.

Upon hearing and on perusal of the impugned order and the material on record, I find that maintenance has been denied to petitioner because of serious dispute about the relationship of petitioner-wife with respondent-husband, who has suspected that the petitioner's child was fathered by a man who had allegedly raped her. During the course of hearing, it was put to petitioner's counsel as to why petitioner has refused to submit herself to DNA test to find out about the paternity of the child. Learned counsel for petitioner had no CRL.M.C. 5620/2014

answer.

Since petitioner has failed to undergo the DNA test to determine the paternity of the child for whom maintenance is sought, therefore, maintenance has been rightly declined to petitioner vide impugned order. There is no substance in this petition and it is accordingly dismissed while not commenting upon merits of this case. (SUNIL GAUR) JUDGE JANUARY 29, 2015 s CRL.M.C. 5620/2014