DWARIKA PRASAD SATPATHY versus BIDYUT PRAVA DIXIT AND ANR.

DWARIKA PRASAD SATPATHY versus BIDYUT PRAVA DIXIT AND ANR.

Strict proof of marriage is not required in proceedings under Section 125 Cr.P.C.; evidence of cohabitation and performance of marriage ceremony is sufficient. Refusal to undergo DNA test prevents appellant from disputing paternity. Order under Section 125 Cr.P.C. is summary and does not finally determine rights and obligations.

Parties
Appellant: Dwarika Prasad Satpathy; Respondent No. 1: Bidyut Prava Dixit; Respondent No. 2: Minor daughter of respondent no. 1
Jurisdiction
India
Judgment Date
14 October 1999
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 17.3.98 of the Orissa High Court in C.r. No. 389 of 1994
Outcome
Appeal dismissed with costs.
Legal Topics
Maintenance Under Section 125 Cr.p.c., Proof of Marriage, Paternity and DNA Testing
Criminal Law Family Law Maintenance Under Section 125 Cr.p.c. Proof of Marriage Paternity and DNA Testing

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Parties

Dwarika Prasad Satpathy

Appellant

Bidyut Prava Dixit

Respondent No. 1

Minor daughter of respondent no. 1

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order Dated 17.3.98 of the Orissa High Court in C.r. No. 389 of 1994

Legal Issues

  1. 1 Whether the marriage between the appellant and respondent no. 1 was valid under Section 125 Cr.P.C.
  2. 2 Whether the appellant can dispute the paternity of the child while refusing DNA test
  3. 3 Standard of proof required for marriage in proceedings under Section 125 Cr.P.C.

Ratio Decidendi

Strict proof of marriage is not required in proceedings under Section 125 Cr.P.C.; evidence of cohabitation and performance of marriage ceremony is sufficient. Refusal to undergo DNA test prevents appellant from disputing paternity. Order under Section 125 Cr.P.C. is summary and does not finally determine rights and obligations.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant to pay costs quantified at Rs. 5,000.