Prince Thakur VS State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAVINDRA MAITHANI
Prince Thakur – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Counsel for the Parties:
For the Revisionist:Mr. Shankar Agarwal, Advocate through video conferencing.
For the Respondent-State: Mr. M.A. Khan, A.G.A.

JUDGMENT (ORAL)

The challenge in this revision is made to the order dated 30.01.2024, passed in Misc. Criminal Case No. 107 of 2023, by the court of Judge, Family Court, Vikas Nagar, District Dehradun (“the case”). By the impugned order, an application filed by the respondent no.2 has been allowed and the revisionist has been directed to undergo Deoxyribonucleic Acid (“DNA”) examination.

2. Heard learned counsel for the parties and perused the record.

3. Facts necessary to appreciate the controversy, briefly stated, are as follows:-

The respondent nos. 2 and 3 filed an application seeking maintenance from the revisionist. According to the respondent no.2, she was earlier married to one Abid and out of that wedlock, she had given birth to two children. But, Abid had divorced her in the year 2010 and had taken both the children with him. At that stage of life, according to respondent no.2, she started working, where she met Virender Singh, who under the assurance of marriage, physically exploited her and thereafter left her. The respondent no.2 writes that her agony did not end here. Thereafter, the revisionist met her, promised to marry her, established physical relations and when th