Paternity case: N D Tiwari fined Rs2.5 lakh for flouting HC order

The Delhi High Court on Wednesday imposed a fine of Rs2.5 lakh on veteran Congress leader and former Uttarakhand chief minister N D Tiwari for his failure to appear for cross-examination in a paternity suit, while granting him a last opportunity to record evidence in the suit in which a man has sought that Tiwari should be declared is his biological father.

A division bench of Justices Ravindra Bhat and R V Easwar asked Tiwari to pay Rs2.5 lakh to Rohit Shekhar, who had filed the paternity suit.

The bench also rejected Tiwari's application asking that the cross examination be held outside the court premises. The court, granting Tiwari a last opportunity for cross examination, asked him to be present in the court 20 February before the local commissioner appointed by it.

Tiwari had consistently failed to comply with the orders of the Supreme Court and the high court, the lawyer appearing for Shekhar contended. The Supreme Court in November 2012 ordered the high court to expeditiously proceed with the paternity suit.

In 2008, Rohit Shekhar had filed a paternity suit in the high court seeking to declare Tiwari as his biological father. A single judge bench on 18 September 2013 rejected Tiwari's plea to hold his cross examination outside the court premises.

The judge directed Tiwari to appear before the high court-appointed local commissioner for recording of evidence. Tiwari did not appear and instead moved an application seeking postponement of the cross-examination for eight weeks. The plea was rejected by the court.

The high court on 27 July 2012 read out a DNA report in the case, according to which Tiwari was shown as Shekhar's biological father (See: Paternity case: SC allows use of force to get Tiwari's DNA sample). 

It may be noted that Shekhar has not sought any financial or other compensation from Tiwari, but simply an acknowledgement of parenthood.