ACHUTHAN PILLAI Vs. DEEPA

JUDGEMENT

(1.) Status of the respondent, as the daughter of the petitioner was questioned by the respondent in her objection filed in O.P.No.1251/2017 on the files of the Family Court, Nedumangad. Treating the said objection as the cause of action and her paternity having been questioned, respondent instituted O.P.No.1068/2019 before the Family Court, Nedumangad seeking for a declaration that the respondent is the daughter of the petitioner and for other consequential reliefs.

(2.) In the said original petition filed by the respondent before the Family Court, she filed IA.No.1782/2019 seeking to conduct a DNA test on the original petitioner before us on the ground that he is the father of the respondent herein. An objection was filed contesting the claim for DNA test, stating that the original petition itself is not maintainable as it is barred by res judicata and estoppel. It was also pointed out that there was no reason to even seek for a declaration of paternity and that the application was filed with other motives.

(3.) The Family Court by order dated 18.11.2019, which is produced as Ext.P7, allowed the application and directed DNA test of the parties to the case be conducted at Rajiv Gandhi Institute of Bio- Technology, Thiruvananthapuram and directed the parties to appear on 16.12.2019 at 10.00 a.m. The relevant part of the order impugned before us is as follows :-