BALASUBRAMANIAN Vs. MINOR SANTHOSH

JUDGEMENT

(1.) DEFENDANT in O.S.No.173 of 2009 on the file of District Munsif Court, Jayankondam, is the revision petitioner and aggrieved over the dismissal order passed in I.A.No.1325 of 2010, the application filed by the defendant seeking direction to undergo DNA test by himself and the 1st respondent herein in order to prove his case that the 1st respondent was not born to him, the present revision petition has been filed.

(2.) O.S.No.173 of 2009 has been filed by the respondents herein as against the revision petitioner for partition and separate possession of their ? share in the suit property. According to the revision petitioner/defendant, he married the 2nd respondent on 13.12.1991 and they were living together only for a month. Thereafter, the 2nd respondent deserted him and has been leading a wayward life. The 1st respondent was born after one year of separation and as such, he was not born to the defendant. Hence, he filed I.A.No.1325 of 2010 seeking a direction for DNA test to be conducted to the petitioner as well as the 1st respondent for establishing paternity.

(3.) TAKING into consideration the facts and circumstances of the case, I am of the view that the impugned order passed by the trial court is proper and correct and I do not find any infirmity in the order passed by the court below and as such, the revision petition is liable to be dismissed. Accordingly, the civil revision petition is dismissed. No costs. Connected M.P.is closed.