• Sec 125 Maintinance

Applicant filed 125 maintenance in Magistrate court. court ordered to to pay maintenance Rs 2000 to mother and Rs 2000 to miner child , I filed revision to distinct court, distinct court set-aside the magistrate court order with observation that there was no marriage and asked the magistrate court to re-look the case after ascertaining the paternity of the miner child. Now magistrate ordered for DNA Test to prove the paternity, i planed to go absent by not giving blood for test.
in this situation do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.

My back ground;

i am a married Man, living with wife and Son in sira town - kanataka, this lady who filed 125 is the one with whom i had illicit relationship.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) if you fail to appear for DNA test and refuse to give your blood adverse inference can be drawn by court

2) it is better you agree to pay for child maintenance if you are the father of the child

3) if you fail to appear in court in 125 cr pc case bailable warrant can be issued against you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) you have stated that lady is not your wife and no maintenance is payable to lady or the child

2) hence court rightly ordered DNA test to ascertain whether you are the biological father or not

3) apply to court that passed the order . mention that you are willing to pay for child maintenance . hence it is not necessary to go in for DNA test and order may be recalled

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The relationship between applicant and you is immaterial. If it is proved that the minor for whom maintenance has been sought by the applicant is your biological child then the court can grant maintenance.

2. A NBW may be issued by the court if you evade paternity test.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) since the applicant is not your wife she would not be entitled to maintenance under section 125 cr pic

2)if there is dispute as to paternity of child court can direct paternity test

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Magistrate has the power to issue arrest warrant against you.

2. If you refuse to submit yourself for the DNA test, the magistrate can confirm his earlier order directing you to pay the said maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Order for DNA test is a right step taken by the Court.

2. you can offer to pay the maintenance amount s ordered by the Magistrate while refusing to submit for the DNA test.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If you accept that you have the child through that lady out of your wedlock, then it is implied that sha gave birth to your child.

2. in the instant case, you shall have to pay maintenance to the said lady.

3. Please note that if she lodges a police complaint bringing the charge of bigamy or adultery against you which will be easy to prove, then you might be penalised with jail term.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

i planed to go absent by not giving blood for test.

in this situation do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.

If you do not appear for the court during the proceedings and remain absent without any valid reasons or not being represented by your lawyer also then the court may issue a non bailable warrant also against you for willful absence without any valid reason.

If you are not willing for DNA test, the court cannot force you to undergo the same,

The court may decide against your wishes and would be compelled to declare that the child belongs to you since you have not cooperated for establishing the paternity of the child.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) without ascertaining the relation between applicant and me. Ordering for DNA test is not a wrong part on court,

The DNA test if not to establish your relationship with the woman, but to prove the paternity of the child, hence there is no legal infirmity in it, it is very well within the provisions of law.

2) Can I avoid DNA test if I agree to pay maintenance to child. If so how to request court to call back the DNA test order,

You can refuse to undergo the DNA paternity test, the court would decide against you and grant the maintenance sought for the child.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1) Can court insist to pay maintenance to applicant if I agree to pay maintenance to child?

The appellate court's order is very clear that the the relationship between the applicant and the respondent has not been proved hence she is not entitled for maintenance.

2) Is there any SC/High court judgment to stop DNA test that must be very close to my case.

You may search for it in the internet or can approach your advocate who would be able to get you one.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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