LAWS(KER)-2005-3-11

GEETHA Vs. STATE OF KERALA

Decided On March 17, 2005
GEETHA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Can D.N.A. Finger Printing test report Issued from the D.N.A. Finger Printing & Diagnostic Centre, Ministry of Science and Technology, Hyderabad, which is a Central Government undertaking be admitted in evidence without examining the Expert in Court This is the main question that I have to answer in this case.

(2.) The petitioner filed M.C. No. 132 of 1998 before the Judicial First Class Magistrate, Pattambi claiming maintenance at the rate of Rs. 500/- to her child. According to her the 2nd respondent herein is the father of the child. They allegedly developed illicit intimacy while she was working as housemaid in his house and in their illicit relationship the child was born to her. 2nd respondent did not take care of the child and he neglected and refused to maintain the child. Hence the claim.

(3.) The alleged father/2nd respondent denied paternity. The petitioner therefore took steps to get paternity determined by D.N.A. Finger Printing. Blood samples of the child and the 2nd respondent were sent through Court to the D.N.A. Finger Printing & Diagnostic Centre, Ministry of Science and Technology, Hyderabad, a Central Government undertaking for conducting D.N.A. test for determining the paternity of the child. According to the petitioner the result of the report is in favour of the petitioner and it will help her prove that the 2nd respondent is the father of the child.