MUNIAPPAN Vs. PONNI

JUDGEMENT

(1.) The Petitioner is husband of the Respondent. The Petitioner filed M.O.P. No. 34 of 2007 on the file of the Sub-Court, Krishnagiri under Section 13(i-a), 13(1)(i) of the Hindu Marriage Act 1955, for the relief of dissolution of Marriage. The Respondent filed counter and is contesting the main petition. Pending the hearing of the petition, the Petitioner filed I.A. No. 147 of 2008 under Section 112 of the Indian Evidence Act, praying the Court to direct the blood test upon the second son of the Respondent by name Krishnapragash to find out the biological father of the child. The following are the contentions contained in the petition:

(2.) (a) In the Marriage Original Petition, the Petitioner has clearly stated that the second child of the Respondent viz., Krishnapragash's paternity is suspected by him. At the time of child begotten to the Respondent, the Petitioner did not have intercourse with her. He was staying at Bangalore, working as mason in a construction site. During the said period, the Respondent left out of the Petitioner's house and stayed with her parents' house due to quarrel between them. She left the conjugal home on 10.4.2004. She gave berth to a child, while she was staying in her parents' home. Even after the birth of her second child, the same was not communicated to the Petitioner. The Petitioner was working as construction labour at Bangalore from 12.4.2001 till 25.05.2002. During the entire period, the Petitioner did not have any access with the Respondent and the Petitioner never had sexual intercourse with her during the entire period from 12.04.2001 to 20.5.2005 (as stated in the petition). During the said period he was staying at Bangalore only.

(3.) In the Counter, the following allegations are available: