JUDGMENT

Gitesh Ranjan Bhattacharjee, J. - The question that falls for consideration is whether blood group test is permissible in law for determining the paternity of a child born during the wedlock of the husband and the wife. The question has arisen in a proceeding under section 125, Cr.P.C. for maintenance claimed against the husband by the wife for herself and the minor daughter born during the wedlock. The husband doubts the fidelity of the wife and he wants blood-group test of the child for ascertaining whether he or any body else is the father of the child. The learned Magistrate refused the prayer of the husband for blood group test. Against such refusal the petitioner/husband has come up in this Court.

2. Mr. Sukumar Guha, the learned Advocate for the petitioner argued that blood group test should be allowed for determining the paternity of the child. In a recent decision in Criminal Revision No. 800/92 Gaulam Kundu v. Shaswati Kundu1, where a similar question arose, "I have held in may judgment dated the 22nd April, 1992 that in view of the provision of section 112 of the Evidence Act there is no scope of permitting the husband to avail of blood test for dislodging the p