SURESH KUMAR Vs. SHANMUGAPRIYA

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the Order, dtd. 19/6/2023 passed in Crl.M.P. No.5009 of 2022 in M.C. No.3 of 2022 on the file of the learned District Munsif-cum-Judicial Magistrate, Thirupuvanam.

(2.) The case of the Prosecution is that the First Respondent married the Petitioner on 30/6/2017. After solemnization of marriage, due to menstruation period of the First Respondent, according to the Petitioner, there was no consummation of marriage. After the menstruation period, according to the Petitioner, he had not had sexual intercourse with the First Respondent due to injuries sustained by him on his private part. Thereafter, when the First Respondent went to take treatment for fever, the Doctor informed the fact that she was pregnant. Suspecting the said pregnancy, the Petitioner harassed the First Respondent following which a Complaint was lodged by the First Respondent. Finally, they parted Company. In the meantime, the Child/Second Respondent was born. So, the First Respondent filed M.C. No.3 of 2022 on the file of the learned District Munsif-cum Judicial Magistrate, Thirupuvanam. The Petitioner filed the Counter Affidavit denying all the allegations, more particularly, the Petitioner stated that he sustained injury on his Private part on the date of proposed first consummation, i.e., sexual intercourse is denied as false and there was no sexual intercourse at all, and hence, he is not liable to pay Maintenance to the First Respondent and the Child/Second Respondent.

(3.) After filing the said Counter Affidavit, he filed the Crl.M.P. No.5009 of 202 under Sec. 45 of the Indian Evidence Act to subject the child for DNA test. The same was dismissed by the learned Trial Judge holding that the Petitioner has not established the circumstances to order the DNA test. Aggrieved over the same, the Petitioner filed this Revision raising the ground stated in the Memorandum of Grounds of Revision.