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2025 DAILYLAW 99747 (ALL)

MANBODH SINGH v. STATE OF U.P. AND ANOTHER

A482/33339/2024 · 2025-04-21

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60408 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33339 of 2024 Applicant :- Manbodh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Om Prakash Singh, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The present application has been filed by the applicant praying for quashing the order dated 08-05-2023 passed by learned Principal Judge, Family Court, Kaushambi in Case No. 377 of 2020, Smt. Sunita Devi Vs. Manbodh Singh, under Section 125 Cr.P.C., P.S. Sarai Akil, district Kaushambi. 3. Learned counsel for the applicant submits that the claim of opposite party no.2, Smt. Sunita Devi, in Case No. 377 of 2020 under Section 125 Cr.P.C. is wholly misconceived, as no marriage ever took place between the applicant and opposite party no.2. The applicant has consistently asserted that he is legally married to another woman, also named Sunita Devi (a Muslim who converted to Hinduism), with whom he has four sons and four daughters. In the interest of justice and to ascertain the truth, the applicant moved an application dated 09.11.2022 before the Principal Judge, Family Court, Kaushambi, seeking a DNA test of the daughter, Sushma, allegedly born out of the disputed wedlock. However, the said application was arbitrarily rejected by order dated 08.05.2023, which is under challenge herein. 4. Per contra, learned A.G.A. has vehemently opposed the application and contended that the name of opposite party no.2 finds mention in the family register, and the High School marksheet of Sushma clearly shows that she is the daughter of the applicant. The learned Family Court has passed the impugned order after due consideration of all relevant facts and evidence placed on record, and no illegality or perversity exists in the order so as to warrant interference by this Court. 5. Having heard the rival submissions and upon perusal of the record, including the impugned order dated 08.05.2023, this Court finds that the learned Principal Judge, Family Court, Kaushambi, has duly considered all relevant aspects of the case and the submissions made on behalf of both parties. No interference is required in the impugned order dated 08.05.2023 passed by the learned Principal Judge, Family Court, Kaushambi, in Case No. 377 of 2020, Smt. Sunita Devi vs. Manbodh Singh, under Section 125 Cr.P.C., Police Station Sarai Akil, District Kaushambi. 6. Accordingly, the present application stands dismissed. Order Date :- 22.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad