Sau. Sarita v. Dhananjay : 2018 (3) HLR 111 : 2018 LRC Online 549 (Bom) [Bombay HC; Hon'ble Mangesh S. Patil, J.; Criminal Writ Petition No. 1389 of 2017; Decided on : 06/08/2018]
Section 125-Maintenance to wife-Allegation of adultery-Order directing voice analysis of wife (first petitioner)-Writ-Submission that first petitioner cannot be compelled to give voice sample-Untenable-Respondent is coming with a defence to which he is entitled to and has contended that first petitioner is leading adulterous life-To substantiate his contention he has examined his brother as a witness who has produced memory card and first petitioner-According to such witness she had offered to have sexual intercourse with him-As far as the factual aspect is concerned, such piece of evidence indeed relevant to the matter in controversy- it cannot be said that asking the petitioner to give a voice sample amounts to Constitution of India-When a serious allegation has been leveled against first petitioner and respondent i entitled to make out the defence which he has taken under sub-section a right-Though it is a summary procedure and a speedy remedy provided under section 125 of the CrPC, the recourse taken by the respondent cannot be thwarted-Petition dismissed.