C RAJARAM Vs. JOTHI

JUDGEMENT

(1.) THE petitioner seeks a direction towards conduct of D.N.A. test for the purpose of establishing the paternity of a Child, alleged to be his.

(2.) THE petitioner and the first respondent married on 07.09.1995. THE first respondent delivered a male child/second respondent on 18.05.1996. THE petitioner contends that on the very date of marriage, the first respondent informed of a relationship with an other and of being in the family way, and requested the petitioner not to have anything to do with her. THEreafter, the first respondent went to her parents house and did not return and gave birth to a male child on 18.05.1996. THE petitioner had obtained an order of divorce which had not been appealed against by the first respondent. THE first respondent had filed a petition for maintenance for herself and for the second respondent/minor child. THE petitioner moved a petition seeking the conduct of a D.N.A. test which was dismissed by the learned Judicial Magistrate No.I, Tirupattur, where against the petitioner filed a Criminal R.P. No. 3 of 2004 before the Principal Sessions Judge, Vellore, which also was dismissed by the said Court. In these circumstances, the petitioner is before this Court.

(3.) CONSIDERING the facts and circumstances of the case, this Court is of the considered view that the conduct of D.N.A. test would set at rest the issue between the parties. As held by the Honourable Apex Court in 1997 Crl.L.J. 1519 (Krishnan and another v. Krishnaveni and another) D.N.A. tests are considered conclusive in nature.