R. RAJENDRAN Vs. KAMAR NISHA

JUDGEMENT

(1.) This Appeal calls in question the impugned judgment dtd. 10/5/2017 passed by High Court of Madras at Madurai in Writ Appeal (MD) No.521 of 2017, whereby the High Court directed the appellant to appear before the Dean, Government Rajaji Hospital, Madurai on or before 19/5/2017, for collection of blood samples for DNA profiling as ordered by the learned Single Judge in W.P. (MD) No.15208 of 2016.

(2.) Respondent No.1 married one Abdul Latheef in the year 2001. Abdul Latheef was suffering from a skin ailment and, therefore, he approached the appellant, a doctor, for treatment. The appellant successfully treated Abdul Latheef's condition, which led him to confide in the appellant regarding his lack of progeny. Abdul Latheef requested the appellant to refer his wife, respondent No.1, to Dr. Indira, the appellant's first wife and a Gynaecologist, for the necessary treatment. However, instead of referring respondent No.1 to Dr. Indira, the appellant developed physical relations with her, resulting in the birth of a child on 8/3/2007.

(3.) When the child was approximately one and a half years old, the appellant continued his extramarital relationship with respondent No.1. Upon learning this, Abdul Latheef allegedly deserted her. Respondent No.1 then approached the appellant for assistance, as her husband had deserted her. The appellant asked respondent No.1 to pay Rs.3,00,000.00 to his second wife, Dr. Devi, in return for taking her house on lease. Respondent No.1 complied, taking the house at Door No.1, Thanjavur Road, Pattukkottai Taluk, Pattukkottai, on lease from 20/8/2013.