ABHILASH R.NAIR Vs. SREEBHA

JUDGEMENT

(1.) This Original Petition has been filed against the order in C.M.P.No.6667/2019 in M.C.11/2017 on the file of Judicial First Class Magistrate Court -III, Kottayam. Petitioner herein is the counter petitioner in C.M.P.6667/2019 in M.C.No.11/2019. M.C has been filed under Sec. 12 of the Protection of Woman from Domestic Violence Act, 2005 (in short the Act) seeking reliefs under Ss. 18, 19, 20 and 22 of the Act.

(2.) CMP.6667/2019 has been filed by respondents 1 and 2/petitioners 1 and 2 in M.C. seeking DNA test for proving the paternity of the 2nd respondent. Petitioner filed objection, but according to him, without considering the objection the learned Magistrate allowed the petition. Aggrieved by the said order, petitioner/respondent approached this court.

(3.) Notice was issued to the respondents. Respondents 1 and 2 appeared through Adv.Suresh Joseph. 3Rd respondent appeared through Public Prosecutor, Sri.Sangeeth Raj.N.R. Heard both sides. Counter affidavit was also filed by the 1st respondent.