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Family LawSupreme Court of India

Pratima Das @ Arati Das v. Subudh Das

Criminal Appeal · 2018 INSC 85Decided 1 Feb 2018
Criminal Appeal No. 213 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant had been granted maintenance of Rs. 4,000 per month under Section 125 of the Code of Criminal Procedure by a Magistrate in Assam, on the basis that she was the wife of the respondent. The Gauhati High Court set this order aside, holding that she had failed to prove she was his wife. She claimed the respondent had fathered her three children, which he denied, so the Supreme Court had earlier directed the parties to undergo a DNA test to resolve the dispute.

Decision Breakdown

The DNA report confirmed that the respondent was indeed the biological father of the appellant's three children. Relying on this scientific evidence, the Supreme Court set aside the High Court's order and restored the original Magistrate's order granting maintenance. It directed that all arrears of maintenance accrued till date be paid within four months, and disposed of the appeal accordingly.

Lesson Learnt

Scientific evidence such as a DNA test can be decisive in maintenance disputes where paternity or the marital relationship is contested, and a favourable DNA result can revive a maintenance claim that a lower court had earlier rejected for lack of proof.

Pratima Das @ Arati Das v. Subudh Das – Legal Case Shots | LegalAware