V. O. MATHEW Vs. ALIESHA, FORMERLY LAILA

JUDGEMENT

(1.) This Original Petition is filed by the petitioner under Article 227 of the Constitution of India challenging an order passed by Family Court, Ernakulam on 7/5/2021 in M.P.No.254 A/2020. The above referred M.P. was filed by the petitioners in M.C.No.100/2020 pending on the files of Family Court, Ernakulam seeking for a direction to the respondent to undergo DNA test for proving the paternity of the 2ndpetitioner and to get it approved by the court that the former is her father. The parties to this Original Petition will hereinafter be referred to as the petitioners and the respondent in accordance with their status in the M.C. as well as M.P.

(2.) The 1stpetitioner is one Mrs.Aliesha, W/o. V.O.Mathew, residing at Sunratan, Plot 83, Flat No.301, Sector 10-A, Vashi, Navi Mumbai. The 2ndpetitioner is her minor daughter born to the respondent during the long cohabitation of the 1stpetitioner with him.

(3.) 1stpetitioner and respondent fell in love and lived together as husband and wife. The respondent visited the 1st petitioner at Bombay and stayed with her as husband and wife. They also resided together in a house taken on rent at Vytila, Ernakulam and a Flat namely Star Homes at Ernakulam and during the stay together, 1stpetitioner got conceived from the respondent. The respondent when informed about, sent the 1st petitioner to her house at Bombay. Respondent contacted the 1stpetitioner over telephone and promised her that he will marry her and also look after the child in her womb. Respondent used to send money for her expenses and treatment. Respondent visited the 1stpetitioner frequently at Bombay and continue to live as husband and wife. When the time for delivery reached, the respondent insisted the 1stpetitioner to come down to Kollam so that he could attend her in the hospital daily from Cherthala.