Case Note & Summary
The petitioner, Bhagamma @ Bhagyashree, filed a revision petition under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 06.08.2016 passed by the Family Court, Kalaburagi, in Crl.Misc.No.80/2014, which dismissed her application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner claimed that the respondent, Bhimraya S/o Siddaramappa Murganor, is her father, having married her mother Kallamma about 19 years ago, and that she was born on 12.10.1997. She alleged that her parents had been living separately for the last decade and that she was staying with her mother's sister, Gouramma, in Khandal. The respondent denied paternity, asserting that the petitioner was not his daughter. The Family Court dismissed the petition, accepting the respondent's denial without ordering a DNA test. The High Court observed that when paternity is disputed, the court should ordinarily direct a DNA test to ascertain the truth. The court noted that the Family Court had erred in dismissing the petition without such a test. The High Court set aside the impugned order and remanded the matter to the Family Court for fresh consideration, directing the Family Court to order a DNA test of the petitioner, the respondent, and the mother Kallamma to determine paternity. The revision petition was allowed accordingly.
Headnote
A) Family Law - Maintenance - Section 125 Cr.P.C. - Paternity Denial - The daughter claimed maintenance from her father who denied paternity. The Family Court dismissed the petition without ordering a DNA test. The High Court held that when paternity is disputed, the court should ordinarily order a DNA test to ascertain the truth, and the father cannot escape liability merely by denying paternity. The matter was remanded for fresh consideration with a direction to conduct a DNA test. (Paras 1-6)
Issue of Consideration
Whether the Family Court was justified in dismissing the daughter's claim for maintenance under Section 125 Cr.P.C. on the ground that the father denied paternity without ordering a DNA test.
Final Decision
The High Court allowed the revision petition, set aside the order dated 06.08.2016 of the Family Court, Kalaburagi, and remanded the matter for fresh consideration with a direction to order a DNA test of the petitioner, respondent, and mother Kallamma to determine paternity.
Law Points
- Maintenance under Section 125 Cr.P.C.
- Paternity denial
- DNA test
- Burden of proof
- Legitimate child
- Father's liability
Case Details
2017 LawText (KAR) (03) 39
Sri.Sharannu S Saradagi, Sri Sanjeev Patil
Bhimraya S/o Siddaramappa Murganor
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Nature of Litigation
Revision petition under Section 19(4) of the Family Courts Act, 1984, against dismissal of maintenance application under Section 125 Cr.P.C.
Remedy Sought
Petitioner sought setting aside of Family Court order and direction to respondent to pay maintenance of Rs.5,000 per month.
Filing Reason
Petitioner claimed maintenance from her father who denied paternity; Family Court dismissed the petition without ordering DNA test.
Previous Decisions
Family Court, Kalaburagi, dismissed Crl.Misc.No.80/2014 on 06.08.2016.
Issues
Whether the Family Court was justified in dismissing the maintenance claim without ordering a DNA test when paternity was disputed.
Submissions/Arguments
Petitioner argued that respondent is her father and liable to pay maintenance.
Respondent denied paternity and claimed petitioner is not his daughter.
Ratio Decidendi
When paternity is disputed in a maintenance claim under Section 125 Cr.P.C., the court should ordinarily order a DNA test to ascertain the truth, and the father cannot escape liability merely by denying paternity without such test.
Judgment Excerpts
Though this revision petition is listed for admission, with the consent of learned counsel on both sides, it is heard finally.
The petitioner herein has filed this revision petition being aggrieved by the dismissal of Criminal Miscellaneous No.80/2014, by the Family Court at Gulbarga, by order dated 06.08.2016.
Briefly stated, the facts are that respondent herein is stated to be the father of the petitioner herein.
According to the petitioner, the respondent was married to her mother Kallamma about 19 years ago.
Out of the said wedlock the petitioner was born on 12.10.1997.
That petitioner’s parents are residing separately for last decade or so.
The petitioner is staying along with her mother’s sister, Gouramma in Khandal.
Procedural History
The petitioner filed Crl.Misc.No.80/2014 under Section 125 Cr.P.C. before the Family Court, Kalaburagi, seeking maintenance from her father. The Family Court dismissed the petition on 06.08.2016. Aggrieved, the petitioner filed the present revision petition under Section 19(4) of the Family Courts Act, 1984, before the High Court of Karnataka, Kalaburagi Bench, which was heard and disposed of on 30.03.2017.
Acts & Sections
- Family Courts Act, 1984: 19(4)
- Code of Criminal Procedure, 1973: 125
