New Delhi: In a setback to scandal-hit
veteran Congress leader and former Andhra Pradesh Governor N D
Tiwari, the Delhi High Court on Wednesday dismissed his plea and
decided to adjudicate a paternity suit filed by a man claiming
him to be his biological son.
A division bench headed by Justice Vikramjit Sen
dismissed the plea of Tiwari, who sought dismissal of the
petition on the ground that it was filed 31 years after the
petitioner was born in order to malign his character.
Rohit Shekhar, grandson of a former Union minister, filed
the suit claiming that he was born out of a relationship
between his mother Ujjwala Sharma and Tiwari, a charge denied
by the 84-year-old Congress leader.
The court, which had earlier hinted that Tiwari might
have to undergo DNA test to decide the issue, set aside a
single bench order which had dismissed the paternity suit
filed by Sekhar, a law graduate, on the ground that the suit
is time barred and not maintainable.
"Since the rejection or repudiation of parentage by him
occurred in Delhi, it is meritless to contend that court has
no jurisdiction," the division bench said, adding "the plaint
is replete with incidents which have transpired at his
residence in Delhi."
The court also rejected Tiwari's contention that Sekhar
should have filed the petition within three years after
becoming major in 1997.
"Human relation cannot be treated in the same manner as
commercial or civil transaction. An infidelity by a spouse is
condoned by a subsequent conjugation," the court said while
directing all parties to appear before the single judge on
April 7 when the suit will be heard on merits.
PTI
First Published: Thursday, March 18, 2010, 00:39