The Gujarat High Court recently turned down the plea of a separated woman seeking maintenance from her husband for her two children after the DNA test did not establish his paternity. Interestingly, the woman has been accused of illicit relationships with several men by her husband. According to case details, Junagadh- based Farida married Shan Khan in 2003 and they stayed together till 2008 when their marital bliss was disrupted and they filed for separation. Upon separation, Farida claimed maintenance from Shan Khan.The Junagadh family court asked Shan to provide Rs 2000 monthly maintenance in the interim. Even during the separation deliberations they continued meeting each other and maintained physical relationship. In 2011, they reconciled and again started living together, at which time Farida was five months’ pregnant. Later, she gave birth to Amina. Next year, Farida again became pregnant and gave birth to Mansur. Post Mansur’s birth, they again separated and Farida filed a civil suit seeking Rs 5,000 monthly maintenance from Shan Khan, for her two children. Replying to the civil suit, ShanKhan submitted before the court that he did not father either of her wife’s children and that Farida had illicit relationship with several other men. He then sought to conduct DNA test to establish paternity of the children.The Junagadh court ordered DNA test of concerned parties which established that Shan was not the father of Farida’s two children. Thereafter, the court rejected plea filed by Farida on the ground that Shan Khan is not liable to maintain children of whom he was not a biological father. Meanwhile, the high court will also hear a separate issue in the same case pertaining to cancellation of Rs 2,000 per month maintenance to be paid by Shan to Farida. Last year, the Junagadh family court had cancelled maintenance payable by Shan to Farida following the DNA test that established he was not father of her children. On the basis of the DNA test result, the court had ruled that Shan was not liable to pay maintenance of the two children.Farida’s lawyer Manoj Shrimali said, “We have challenged Junagadh court order cancelling the maintenance payable to Farida. The court had recalled the order of maintenance following the fact that Shan was not the biological father of her children and thereby not entitled to get alimony.” The lawyer further said, “Both had solemnized marriage and separated. They again came together only to separate later. Now, the divorce case is pending before the Junagadh court. Both have accused each other of bearing bad morals.” (Names have been changed to protect identity)