manjunatha (engineer) 11 February 2017

Section 125 maintainence

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.

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.

In this situation

1)      Do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.

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

3)       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,

4)       Can court insist to pay maintenance to applicant if I agree to pay maintenance to child? (Applicant asked maintenance for child as well as for herself.)

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

These queries are with sec 125 maintenance

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4 Replies

Ms.Usha Kapoor (CEO) 12 February 2017

You are bound to pay maintenance to your wife and children if any unless wife is highly qualified and either earning handsome salary or sitting idle. Some HihgCourts have denied maintenance(125Cr.P.C) wife on the above grounds.

Sachin (N.A) 12 February 2017

Originally posted by : manjunatha

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.

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.

In this situation

1) Do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.

Yes, court can issue NBW in case of your non-appearance

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

Order is not wrong the lady may not be your wife but court have to check wether you are biological father of child or not.

3) 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,

It is advisable to file written application in court that you are ready to pay maintenace for child only. Hence order of DNA test may be called back

4) Can court insist to pay maintenance to applicant if I agree to pay maintenance to child? (Applicant asked maintenance for child as well as for herself.)

If she is not your wife she is not entitiled for maintenance u/s 125 CrPC.
5) Is there any SC/High court judgment to stop DNA test that must be very close to my case.

These queries are with sec 125 maintenance

(Guest)

Originally posted by : manjunatha

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

3)      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,

4)      Can court insist to pay maintenance to applicant if I agree to pay maintenance to child? (Applicant asked maintenance for child as well as for herself.)

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

These queries are with sec 125 maintenance

If child is yours then pay for it, as you had s*xual relationship with woman, you will have to pay her alimony too if she does not have source of income.

If child is not yours then go for DNA test, once its proved that chlid is not yours, yo uneed not pay alimony for it. But yo ucant escape paying alimony to the woman with whom you had illicit relationship.

A walk alone (-) 12 February 2017

As you say"Now magistrate ordered for DNA Test to prove the paternity, i planed to go absent by not giving blood for test" , this show you may be biological father of this child. If you are not his father then go for test and prove. If you are his father then accept truth and pay your child.