Paternity case: Delhi HC issues notice to Tiwari

Justice S N Dhingra had on November 3,2009 concluded that the suit filed by Shekhar was not maintainable as it had no territorial jurisdiction to hear the case against 84-year-old Tiwari,who was then Andhra Pradesh Governor and located in Hyderabad.

In his appeal,Shekhar said the court had not appreciated the fact that though he was temporarily located in Hyderabad,Tiwari had his permanent residence in Delhi.    

It has been unequivocally 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 contended. The single judge erroneously assumed that the cause of action arose when he attained the age of majority,when in fact,the cause of action arose continuously.

Shekhar alleged that Tiwari had close relations with his mother and had promised to marry her but later refused.

Shekhar had filed the paternity suit,claiming that he was born out of an intimate relationship between his mother Ujjwala Sharma and Tiwari,a charge denied by the former Governor. Tiwari had said the suit was filed to malign him.