Rajiv Sharma, J.

This petition is directed against the order dated 14.12.2016 rendered by learned Principal Judge, Family Court, Dehradun in Criminal Case No.269 of 2016.

2. “Key facts”, necessary for the adjudication of this petition, are that respondent filed an application under Section 125 of Cr.P.C. against the petitioner seeking maintenance.

3. According to the averments made in this petition, the marriage between the parties was solemnized 33 years ago. Learned Principal Judge, Family Court, Dehradun passed the ex parte order against the petitioner on 03.02.2016 with a direction to the petitioner to pay Rs.10,000/-per month to the respondent. The petitioner came to know about the order when he received the recovery warrant.

4. Thereafter, the petitioner moved an application under Section 126 of Cr.P.C. to recall the ex parte order dated 03.02.2016. According to the averments made in the application, he was never married with respondent. The respondent also filed objections to the recall application. In the meantime, respondent has also filed an application seeking DNA test of the petitioner.

5. The matter came up before the learned Trial Court on 14.12.2016. The applica