Maintenance u/s 125 crpc

Sandeep Didwania (Querist) 24 August 2012 This query is : Resolved
The petitioner claiming maintenance for his illegitimate minor male child. but the paternity of the child is not proved by the petitioner. The o.p. says that he is not the father of the child...
WILL THE O.P. BE COMPELLED TO PAY MAINTENNANCE INSPITE OF THE PATERNITY OF THE CHILD BEING PROVED???? WHAT SHOULD HE DO??
PLZ GIVE ANY RULINGS IN SUPPORT OF UR REPLIES..
THANKS...

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R.K Nanda (Expert) 24 August 2012
OP must go for DNA test of child by filing application for same in court.

Sandeep Didwania (Querist) 24 August 2012
sir any rulings in support that if the paternity is not proved maintenance cannot be given

Devajyoti Barman (Expert) 25 August 2012
Paternity is a subject matter trial. Till that is proved the OP would be required to provide maintenance.

Nadeem Qureshi (Expert) 25 August 2012
Dear Sandeep
You can read Himachal Pradesh High Court Judgement
Darje Wangail v. Karam Singh, (1997)2 Crimes 570 (HP)

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