LAWS(KER)-2007-5-361

SHYJU Vs. ADI KRISHNA ALIAS NANDU

Decided On May 29, 2007
SHYJU Appellant
V/S
ADI KRISHNA @ NANDU Respondents

JUDGEMENT

(1.) CHALLENGE is on Ext.P4 order passed by the Family Court, Thrissur, on a petition filed by the respondent for maintenance. The petitioner disputed paternity. The Family Court in such circumstances ordered DNA test. The petitioner apprehends that in case such steps are proceeded with, the same would affect him adversely in the criminal case pending before the Sessions Court, Thrissur, charged under the provisions of Section 376 I.P.C. read with Section 3(1)(xii) of the S.C./S.T. (Prevention of Atrocities) Act, 1989. We are afraid, there is no basis for such an apprehension. Once paternity is disputed in a maintenance case, any further steps in the matter can be taken only after establishing the paternity. For that purpose, DNA test is absolutely essential. Even if DNA test is against the petitioner, that by itself is not going to stand against the petitioner in the criminal case. Therefore, we do not find any merit in the writ petition. It is accordingly dismissed.