SAJI MATHEW Vs. BINDU AND ORS.

JUDGEMENT

(1.) This is an application filed by the petitioner challenging the impugned order passed by the Family Court, Muvattupuzha, in C.M.P.No.33/2015 in M.C.No.94/2014 under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioner and first respondent are husband and wife and their marriage was solemnized on 16.05.2005 and a son was born to them in that wedlock. Later their marital relationship has been irrecoverably broken down and they were living separately and she was leading an adulterous life with one Kamaruddeen. 2nd respondent is the child born on 22.01.2013 to the first respondent in the said Kamaruddeen. Petitioner filed application for divorce on the ground of adultery and also another petition for declaring the paternity of the 2nd respondent and another petition for getting the custody of the son, who is admittedly born to him in that wedlock. It is thereafter that the first respondent filed a petition for getting maintenance for her and her two children as Ext.P1. The petitioner filed Ext.P2 objection denying his liability to pay maintenance to the 2nd respondent alone. During the pendency of this petition, he filed Ext.P3 petition as C.M.P.No.33/2015 in M.C.No.94/2014 for conducting DNA (Deoxyribo Nucleic Acid) test to find out the paternity of the 2nd respondent. First respondent filed Ext.P4 objection. After considering the contentions raised by both sides, learned family court judge by Ext.P5 impugned order dismissed the application. Aggrieved by the same, the present petition has been filed.

(3.) Heard Sri.Alias M.Cherian, counsel appearing for the petitioner and Smt.Shylaja, counsel appearing for the respondents.