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Supreme Court of India 2018-02-01 allowed

Pratima Das @ Arati Das vs Subudh Das

Bench: 2 — Kurian

In Brief

Pratima Das sought maintenance from Subudh Das under Section 125 of the Criminal Procedure Code. The High Court had cancelled the maintenance order on the ground that she failed to prove she was his wife. The Supreme Court directed a DNA test, which confirmed the respondent was the biological father of three children born to the appellant. The Court restored the original maintenance order of Rs. 4,000 per month, holding that paternity established by DNA evidence supports an obligation to provide maintenance. Arrears were directed to be paid within four months.

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Maintenance Family Law Criminal Procedure DNA Evidence Paternity

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