Kewaldas Punaji Gedam v. Meena Kewaldas Gedam And Another

apl314.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.314/2015 Kewaldas Punaji Gedam ..vs.. Meena Kewaldas Gedam and anr. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Apurv De, Advocate for petitioner Mr. N. S. Khandewale, Advocate for respondents. CORAM : V.M. DESHPANDE, J.

DATED :

JUNE 13, 2017 Heard learned counsel for the applicant. He has invited my attention to the orders passed by the learned Magistrate, Saoli in Misc. C. A. No. 26/2013 below Exh.11 dated 27.02.2015 by which the learned Magistrate has rejected the application moved on behalf of the present applicant for DNA test of his wife and his daughter.

After hearing the learned counsel for the applicant, I am of the view that the order passed by the learned Magistrate is just and proper. The daughter was born on 09.09.1996 and the decree for divorce is granted on 12.10.2012. The present application is moved by the applicant before the learned Magistrate in the proceeding under Section 127 of the Cr. P. C. for grant of maintenance. The learned counsel tried to place reliance on the decision of the Hon'ble Apex Court in case of Dipanwita Roy ..vs.. Ronobroto Roy reported in 2015

(3) Mh.L.J.497.

apl314.15.odt I am afraid that the said judgment can be made applicable in the present set of facts. It is to be noted that divorce was not granted to the present applicant on the ground of infidelity of his wife. The divorce was granted on the ground of cruelty. Further, till today, at no point of time, it was alleged on behalf of the present applicant that his wife was leading any adulterous life.

In that view of the matter, the learned Judge of the Court below has rightly applied the provisions of Section 112 of the Evidence Act. No case is made out for interference. The application is, therefore, rejected. JUDGE kahale