SOMANATHAN Vs. GEETHAKUMARI

JUDGEMENT

(1.) This appeal is directed against the order dated 29.06.2006 of the Family Court, Nedumangad in I.A No.119 of 2005 in M.C No.116 of 2005.

(2.) The appellant is the petitioner in I.A. No.119 of 2005 and the respondent in M.C.No.116 of 2005 and the respondent herein is the respondent in I.A.No.119 of 2005 and the petitioner in M.C No.116 of 2005. M.C No.116 of 2005 is a petition filed by the respondent, seeking maintenance to her child Kum. Amrita Nath. Originally a petition seeking maintenance for the daughter of the respondent was filed by her as M.C.No.218 of 1994 before the Family Court, Thiruvananthapuram, which later on was transferred to the Family Court, Nedumangad on it being established and numbered as M.C.No.116 of 2005. The counter petitioner, who is the appellant herein, had filed objection denying paternity of the child.

(3.) The contention of the respondent herein in M.C. No.116 of 2005 was that, the child Kum. Amrita Nath, being the illegitimate child of the appellant Mr.Somanathan, is entitled to get maintenance from the latter. In M.C.No.116 of 2005, a conciliation was attempted, but it was not successful. Thereafter the appellant filed O.P. No.712 of 1998 before the Family Court, Thiruvananthapuram, seeking for a declaration that, marital relationship was not existing among himself and the respondent. In O.P. No.712 of 1998, the respondent, Mrs.Geethakumari, filed I.A. No.574 of 2001 seeking for a direction to conduct a blood test to identify the D.N.A of the appellant and the child Kum. Amrita Nath. An order was passed by the Family Court in the said I.A on 12.01.2001. The order was directed to be kept in abeyance by the court itself vide order dated 202001. Thereafter, I.A. No.567/2001 was filed by the appellant Mr. Somanathan, before the Family Court, Thiruvananthapuram seeking to withdraw the O.P.No.712 of 1998 filed by him. I.A.No. 567 of 2001 was allowed by the Court on 16.08.2001 subject to conditions as stated herein below.