Jamna Lal vs Kanhaiya Lal on 25 November, 1982
Learned Counsel for the petitioner therefore urged that the decisions rendered in the matrimonial cases should have been given due effect by the learned Magistrate. In an application Under Section 125, Cr. P.C. on behalf of a child, paternity has to be established and when there is a decree for judicial separation passed on the basis that after soleminzation of marriage, the wife had sexual intercourse with some other person other than her husband alleging that there had been no cohabitation between the spouses and the child is not his; then it should have been found by the learned Magistrate that the applicant is not the father of the minor daughter Asha Kumari and as such he is not liable for maintenance. Learned Counsel also urged that the decree for judicial separation having become final, .the finding arrived at believing the evidence of the petitioner that the petitioner had never cohabitation with the respondent from the time of the marriage and the child is not his, is binding on the criminal court and it was the obligatory duty of the Court in these circumstances to have cancelled the order. Learned Counsel for the petitioner places reliance on the decision of the Supreme Court in Nand Lal v. Kanhaiya Lal . It has been observed in this case as under: