SUJITH KUMAR S Vs. VINAYA V S

JUDGEMENT

(1.) This Original Petition has been filed challenging order in Crl.M.Appl.No.307/2022 in M.C.No.35/2023 on the files of the Family Court, Paravoor.

(2.) Heard the learned counsel for the petitioner on admission. Notice to the other side stands dispensed with. The averments in CMP.No.774/2019 is as under: The petitioner in the above C.M.P, who is the petitioner herein, raised a contention before the Family Court that he married the 1st respondent herein on 14/7/2004 and the 1st responndent is a person suffering from mental disease and, therefore, he had no occasion to have sexual intercourse with the 1st respondent. According to the petitioner, the petitioner was abroad for years after the marriage and the petitioner brought the 1st respondent abroad twice. Thereafter the 1st respondent left the company of the petitioner due to mental problem. As such the paternity of the petitioner is doubtful. Therefore, the petitioner sought DNA test to find out the paternity of the 2nd respondent, who is the minor child.

(3.) The 1st respondent filed detailed objection mainly contending that the marriage between the petitioner and the 1st respondent was solemnised on 17/4/2004 before the Mahadevar Temple, Puthiyadom, Paravoor and in the said wedlock, the 2nd minor child was born on 21/2/2006. It was also contended that in between 12/2/2005 and 12/5/2005, the 1st respondent along with the petitioner resided in Oman and the 2nd respondent minor child was born during the said period. The petition was filed to deny payment of maintenance without denying the paternity and, therefore, the petition filed as an experimental measure is liable to be dismissed.