Section 125 maintainence

Applicant filed 125 maintenance in Magistrate court. court ordered to to pay maintenance Rs 2000 to mother and Rs 2000 to miner child , I filed revision to distinct court, distinct court set-aside the magistrate court order with observation that there was no marriage and asked the magistrate court to re-look the case after ascertaining the paternity of the miner child. Now magistrate ordered for DNA Test to prove the paternity, i planed to go absent by not giving blood for test.


My back ground;


i am a married Man, living with wife and Son in sira town - kanataka, this lady who filed 125  is the one with whom i had illicit relationship.


In this situation


1)      Do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.
 

Yes, court can issue NBW in case of your non-appearance

2)      without ascertaining the relation between applicant and me. Ordering for DNA test is not a wrong part on court,
 

Order is not wrong the lady  may not be your wife but court have to check wether you are biological father of child or not.

3)       Can I avoid DNA test if I agree to pay maintenance to child. If so how to request court to call back the DNA test order,

It is advisable to file written application in court that you are ready to pay maintenace for child only. Hence order of DNA test may be called back

4)       Can court insist to pay maintenance to applicant if I agree to pay maintenance to child? (Applicant asked maintenance for child as well as for herself.)
 

If she is not your wife she is not entitiled for maintenance u/s 125 CrPC.
5)       Is there any SC/High court judgment to stop DNA test that must be very close to my case.


These queries are with sec 125 maintenance


 

Applicant filed 125 maintenance in Magistrate court. court ordered to to pay maintenance Rs 2000 to mother and Rs 2000 to miner child , I filed revision to distinct court, distinct court set-aside the magistrate court order with observation that there was no marriage and asked the magistrate court to re-look the case after ascertaining the paternity of the miner child. Now magistrate ordered for DNA Test to prove the paternity, i planed to go absent by not giving blood for test.


My back ground;


i am a married Man, living with wife and Son in sira town - kanataka, this lady who filed 125  is the one with whom i had illicit relationship.


In this situation


1)      Do magistrate could order Non Boilable Warrant against me in sec 125 maintenance proceedings.

If you dont pay money NBW will be issued, your guess is absolutely correct.

2)      without ascertaining the relation between applicant and me. Ordering for DNA test is not a wrong part on court,
correct.

3)       Can I avoid DNA test if I agree to pay maintenance to child. If so how to request court to call back the DNA test order,


4)       Can court insist to pay maintenance to applicant if I agree to pay maintenance to child? (Applicant asked maintenance for child as well as for herself.)


5)       Is there any SC/High court judgment to stop DNA test that must be very close to my case.


These queries are with sec 125 maintenance