E.C. RAMAKRISHNAN Vs. MRINALINI @ NALINI

JUDGEMENT

(1.) The facts in this case reminds the words of a French Philosopher, Michel de Montaigne - "a good marriage would be between a blind wife and a deaf husband". A husband aged now 77 years and a wife aged 68 years are parties in a divorce proceeding before a Family Court. The ground alleged is adultery/infidelity. The husband is the petitioner. It is the case of the petitioner that the wife told him, rather declared in the presence of the adulterer that three children born in the wedlock are not his children but adulterer is the the father. After hearing the said declaration, the petitioner moved the above referred petition for divorce.

(2.) An application was filed as I.A. 1931/2009 in the above divorce O.P. for a DNA examination. As per an order dated 29.11.2012, in I.A.No.1931/2009 the trial court opined that "it is better to allow the petition". When the matter was taken up before this court, in O.P.(F.C) 2578/2013, it was ordered to consider the matter in the proper perspective after hearing the affected parties, in the light of the judgment of Hon'ble Apex Court in Bhabani Prasad Jena v. Orissa State Commission For Women [2010(4) R.C.R. (Civil) 53 : (2010) 8 SCC 633]. Thereafter the impugned order of dismissal was passed by the Family Court.

(3.) It can be seen that there is no dispute regarding the marriage or the relationship in between the petitioner herein and the first respondent/wife. The dispute is whether the DNA test is necessary or not. Before discussing the matter, the dictum laid down by the Hon'ble Apex Court in Bhabani Prasad's case (supra) is relevant to be considered. It was held by the Hon'ble Apex Court in the said decision as follows: