DEVADAS Vs. P.D. GOPALAKRISHNAN

JUDGEMENT

(1.) The suit in O.S.No.52/2008 on the file of the Court of the Munsiff of North Paravur is for a declaration that the plaintiff is the son born to the first defendant and for consequential reliefs. The plaint averments are to the effect that the first defendant legally married the second defendant on 13.12.1972 and that the plaintiff was born in the wedlock on 25.1.1977. The alleged marriage of the first defendant with the second defendant and the birth of the plaintiff in the wedlock is disputed by the first defendant. Therefore one of the cardinal issues that arise for consideration in the suit is as to the paternity of the plaintiff. The question as to whether the plaintiff is the legitimate or illegitimate son of the first defendant is undoubtedly an incidental question. Thus the issue of legitimacy of the birth of the plaintiff owing to the relationship between defendants 1 and 2 arises for consideration in the suit. Such a question can only be adjudicated by the family court under section 7 (1)(e) of the Family Courts Act, 1984, which is extracted hereunder:

(2.) The plaintiff had made a motion for a DNA Test to be conducted on the first defendant during the pendency of this original petition on the premise that he was terminally ill. This Court passed an interim order in this original petition on 13.8.2014 to the following effect:

(3.) Rajiv Gandhi Centre for Bio Technology has now filed a report dated 26.8.2014 concluding as follows: