I have faced with a question in a maintenance case u/s 125, Cr.p.c wherein the wife prayed for maintenance of wife and child. But the husband/O.P denied paternity of the child, on the ground that previously a divorce by mutual consent application was filed wherein it was stated that the wife is living separately. Now if the total period of living separately by wife from the husband is counted it appears this period is more than 2 years. Now the husband states that when he is residing separately for the last 2 years or more, how could the child born. As such he denied the paternity of the child, which is girl child. The wife in her evidence stated that falsely the fact of her living separately with husband is made out, as she is an illiterate person. Now , the husband has prayed for dna test of the child before the court in maintenance case. Is there any scope of such test in a maintenance case u/s 125, cr.p.c. Anybody has any idea ?
