SC asks judge to frame issues in paternity suit against Tiwari

The Bench said while framing the issues the trial judge would not be influenced by the observations made by the single judge and division benches of the Delhi High Court which had heard the case earlier.

Tiwari had approached the apex court for quashing of the law suit after a Division Bench of the High Court had passed the order against the 84-year-old leader and decided to adjudicate the paternity suit.

Disposing of the appeal by Tiwari,the Bench said if a plea is made for in-camera hearing by him,it may be considered by the trial judge.

During the hearing,senior advocate Harish Salve,appearing for Tiwari,vehemently opposed the idea of subjecting the Congress leader to a DNA test.

He alleged the law suit has been filed to tarnish the image of Tiwari and for “cheap” media publicity.

However,P S Patwaria,counsel for Shekhar,contended the issue would be settled once the court permits the DNA test.

This was opposed by Salve saying such issues cannot be raised in the apex court.

“We are dealing with the reputation of a person and he is playing to the gallery. The suit is for media consumption.

Such a submisssion should not be made in the Supreme Court,” he said and assailed the High Court for giving a “lecture on human relations.” The apex court said “the High Court should not have made any comments whatsoever”.

Salve also questioned Rohit’s mother Ujjawala Sharma for raising the issue through her son. He said the issue was raised in 2008 after Sharma,who was married to a person in 1962,got divorce in 2006.

Rohit had been continuously living with a person with whom her mother was married,Salve said adding he had approached the court quite late after attaining majority.

They started targetting Tiwari only after he asked his staff not to allow their entry into his premises.

The Congress veteran had to resign as Andhra Pradesh Governor after he was purportedly shown in a compromising position with three women in a sting operation by a TV channel in December last year.

Shekhar,grandson of a former union minister,had filed the suit claiming he was born out of a relationship between his mother Ujjwala Sharma and Tiwari,a charge denied by the Congress leader.

Earlier,the High Court had dismissed the plea of Tiwari,who sought quashing of the petition,on the ground that it was filed 31 years after the petitioner was born in order to malign his character.

“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 had said.

“We think that in the vicissitude of personal relations,that is an untenable position to adopt. The court cannot delve into the mind of the plaintiff (Shekhar) in order to ascertain the time at which he felt that he had no alternative but to go to the extreme of moving the court,which is always a point of no return,” the court had said.