ALEXANDER Vs. JACOB ANTONY

JUDGEMENT

(1.) The petitioner is the respondent in M.C. No. 135 of 2011, which was filed before the Family Court, Ernakulam by two children, who are twins represented by their mother. They filed the petition invoking Section 125 of Code of Criminal Procedure and Section 7(1) Explanation (f) of the Family Courts Act, 1984 (hereinafter referred to as 'the Act'). The prayer is one for maintenance. Briefly put the case of the respondents before the Family Court is as follows. The petitioner herein was a business associate of the earlier husband of mother of the respondents. The petitioner prevailed upon the respondents' mother by making her believe that there is no valid marriage between her and her husband and he may desert the respondents' mother etc. Thereafter the petitioner showed deep affection and love towards the respondents' mother and started caring for the respondents' mother very much and looking after her affairs very keenly. Believing the petitioner's words, it is stated, that the petitioner is a bachelor and millionaire with lucrative business having branches in foreign countries, the petitioner and the mother of the respondents were living as husband and wife without the knowledge of the husband of the respondents' mother. Thus, the two twin children were born. There is a refusal by the petitioner to meet the requirements and expenses of the respondents since October 2010 despite demand. The maintenance claimed by the respondents is at the rate of Rs. 25,000 each per month.

(2.) Ext. P-2 is the counter-affidavit filed by the petitioner. He denied the allegations. Ext.P-3 is the petition filed by the respondents with a prayer to refer the petitioner for D.N.A. test to ascertain whether the petitioner is the biological father of the respondents/children. It appears that no counter-affidavit is filed against it and the Family Court, by Ext. P-6, which is impugned before us, ordered as follows:

(3.) We heard learned counsel for the petitioner.