NIDHEESH Vs. KERALA STATE OF KERALA

JUDGEMENT

(1.) This original petition has been filed challenging the dismissal of an application for conducting DNA test to prove the paternity of the child.

(2.) The 2nd and 3rd respondents herein filed M.C.No.629/2022 before the Family Court, Thrissur on the allegation that the 2nd respondent is the wife of the petitioner and the 3rd respondent is the child born out of the wedlock between the petitioner and the 2nd respondent. In the counter statement filed by the petitioner in the MC proceedings, he denied the paternity of the child. Hence, he filed an application to conduct DNA test to prove the paternity of the child. The Family Court as per Ext.P6 order dismissed the application mainly on the ground that there is no pleading regarding non accessibility. It is challenging the said order, this original petition has been filed.

(3.) I have heard both sides.