Subhash Sikhwal Vs. State Of Rajasthan

Court: Rajasthan High Court

Bench: JUSTICE B.J. Shethna

Subhash Sikhwal Vs. State Of Rajasthan Decided on 13 April 2004

Law Point:
D.N.A. Test Application: Sensitive Case : In such Type of Matrimonial Cases, Judge cannot Afford to Sit Tight Over Matter for Long Time : Family Court Directed to Decide Application Expeditiously.

JUDGEMENT

1. Notice to the respondents.

2. The respondent No. 2 is Special Judge, Family Court, Udaipur who is a formal party. He should not have been joined as party respondent as per the latest judgment of the Hon’ble Supreme Court, therefore, no notice is required to be issued to the respondent No. 1.

3. Learned P.P. Mr. Ramesh Purohit accepts notice for the respondent No. 1-State of Rajasthan.

4. At the joint request of the learned Counsel for the parties, the matter is heard and disposed of today itself.

5. The petitioner is the husband who was married to one Anuradha Sikhwal on 9.3.1996 at Udaipur. Thereafter on 11.2.1997, son Chandrakar was born at their place.

6. It is the case of the petitioner that he had submitted one application to the learned Judge of Family Court, Udaipur for D.N.A. Test of his son Chandrakar way back in 1999 but for some or the other reason, the learned Judge has so far not decided the same. Therefore, by way of this petition under Section 482, Cr.P.C., it is prayed that the learned Judge be directed to summon both petitioner-husband and his wife Anuradha for D.N.A. Test. Second prayer regarding review of the order of learned Judge passed in Application No. 79/99 filed under Section 125, Cr.P.C. is not pressed at all.

7. Application for D.N.A. Test is dated 13.5.1999 which is annexed to this petition. I am really shocked and surprised that so far the learned Family Court Judge has not thought it fit to decide the same. In such type of matrimonial cases, the learned Judge cannot afford to sit tight over the matter for a long time. It is his duty to decide the application in accordance with law and pass appropriate order.

8. Before parting, I must state that in the past also, some matter had come before me on judicial side wherein the conduct and behaviour of the learned Judge in deciding the matters was subject to criticism. The Family Courts are created for the purpose of doing justice to the spouses as early as possible. This type of approach of the learned Judge not to decide such application and not to pass order is required to be condemned in the strongest words.

9. It is hope and trust that in such type of sensitive cases, the learned Judge would atleast take some trouble in deciding the matter in accordance with law and pass the orders.

10. In view of the above discussion, this petition is allowed to the extent that the learned Judge of Family Court, Udaipur is directed to decide the application dated 13.5.1999 for D.N.A. Test on or before 15.5.2001.

11. The office to sent down the copy of this order to the learned Family Court Judge, Udaipur, forthwith.

Petition allowed accordingly.

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