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Delhi HC Issues Notice To N D Tiwari On Paternity Suit

PTI 08 Jan 2010, 21:57:03 IST

The Delhi High Court on Friday asked veteran Congress politician and former Andhra Pradesh Governor N D Tiwari to respond in a month on a paternity suit filed by a youth claiming to be his biological son. 

A Bench headed by Chief Justice A P Shah asked Tiwari to give his response by February 9 on the suit filed by Rohit Shekhar, 30, seeking its direction to declare Tiwari is his biological father. 

Shekhar filed an appeal before a Division Bench challenging a single-bench order which had dismissed his petition on the ground that it was not maintainable. 

Justice S N Dhingra had on November 3 last said the suit filed by Shekhar is not maintainable and allowed the plea of 84-year-old Tiwari who had sought dismissal of the petition. 

The Court had said it has no territorial jurisdiction to hear the case as Tiwari, then Andhra Pradesh Governor, was in Hyderabad and a suit against him could be filed only in that city.  Challenging the order, Shekhar, in his petition, said the permanent residence of Tiwari is Delhi and his plea could have been dismised because on that day the Congress leader was residing in Hyderabad. 

"It has been uneqivocally averred in the plaint that Tiwari is a permanent resident of Delhi and that the office held by him in his capacity as Governor was only temporary," he said in his petition adding "the single judge erroneously assumed that cause of action arose when he attained the age of majority, when in fact, the cause of action arose continuously." PTI