N D Tiwari moves HC challenging cost imposed in paternity suit

Challenging the order of a single judge before a division bench of the High Court, 84-year-old Tiwari contended that the judge erred in imposing the cost and it should be quashed.

"The single judge miserably failed to appreciate that the dismissal of his application along with the imposition of the cost of Rs 75,000 is untenable in the eyes of law and contrary to the principles of natural justice and also setting a draconian precedent," the former Andhra Pradesh Governor said in his appeal.

The High Court had on August 13 dismissed Tiwari's plea seeking deletion of certain paragraphs from the paternity suit and imposed a cost of Rs 75,000 to be paid to Rohit Shekhar, who had filed the case claiming to be his biological son.

"This court is satisfied that the application of Tiwari is unmerited," Justice S Ravindra Bhatt had said adding that "Omission of the facts will contribute to omission of entire matter which is not acceptable."

Tiwari had sought deletion of the paragraph from the suit in which Shekhar had alleged that the veteran leader avoided meeting him at the Delhi Airport when he made an attempt to do so in 2005.

Earlier, the leader had refused to undergo a DNA test and denied ever having any physical relationship with the petitioner's mother.

In an affidavit filed in the court, Tiwari had hit back at the woman Ujjwala Sharma, who is also a Congress leader, and her son, saying, "He did not have and never had any physical relationship with her.

"The plaintiff (Rohit) is not entitled to seek a DNA test as a matter of right. The same is contrary not only to the law but also to equity," he had said.

"To say that he developed a liking for her (Ujjwala) and that after 8-10 years they entered into a relationship, is scandalous and defamatory," the former Uttarakhand Chief Minister had said.

"The plaintiff (Rohit) is not my son. The question of acknowledging anything as alleged is denied. Every allegation/insinuation is denied," he had said, adding he was a devoted husband during that period.

Tiwari had to resign as Governor of Andhra Pradesh after he was purportedly shown in a sting operation to be in a compromising position with three women.

The High Court had also rejected Tiwari's plea for dismissal of the petition on the ground that it was filed 31 years after the petitioner was born in order to malign his character.