Case Note & Summary
The petitioner, Vinod Arlekar, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders passed by the Additional Sessions Judge and the Judicial Magistrate First Class in maintenance proceedings. The respondent no.1, claiming to be the son of the petitioner, had filed an application for maintenance under Section 125 CrPC. The petitioner disputed the paternity. During evidence, the respondent filed an application for a paternity test, which was allowed by the Magistrate on 20/09/2011. The petitioner's revision against that order was dismissed by the Additional Sessions Judge on 31/07/2012. The petitioner then approached the High Court. The main legal issue was whether a paternity test can be ordered in summary maintenance proceedings under Section 125 CrPC. The petitioner argued that such an application was not maintainable and that there was no prima facie evidence. The respondent contended that the paternity test was necessary to establish the relationship. The court held that in the absence of any other evidence, a paternity test is essential to determine the relationship and that the order was interlocutory, making the petition under Section 482 CrPC not maintainable. The court dismissed the petition and directed the petitioner to undergo the paternity test.
Headnote
A) Criminal Procedure Code - Maintenance - Paternity Test - Section 125 CrPC - The court considered whether a DNA paternity test can be directed in summary maintenance proceedings under Section 125 CrPC. The petitioner opposed the application for paternity test on grounds of maintainability and lack of access to the mother. The court held that in the absence of any other evidence, a paternity test is necessary to determine the relationship and ordered the petitioner to undergo the test. (Paras 4-8) B) Criminal Procedure Code - Inherent Powers - Interlocutory Order - Section 482 CrPC - The court examined whether the order directing paternity test is interlocutory and thus not amenable to revision under Section 482 CrPC. The court held that the order is interlocutory and the petition under Section 482 CrPC is not maintainable. (Para 8)
Issue of Consideration
Whether a paternity test can be ordered in proceedings under Section 125 of the Code of Criminal Procedure, 1973, and whether the High Court should interfere under Section 482 CrPC with such an order.
Final Decision
The petition is dismissed. The petitioner is directed to undergo the paternity test as ordered by the learned Judicial Magistrate First Class, Vasco.
Law Points
- Paternity test can be ordered in maintenance proceedings under Section 125 CrPC
- Prima facie evidence required for ordering DNA test
- Section 482 CrPC cannot be used to challenge interlocutory orders
- Maintenance proceedings are summary in nature
