SAKLTHIVEL Vs. KARPAGAM

JUDGEMENT

(1.) THIS revision is directed against the order of Subordinate Judge, Maduranthakam made in I. A. No. 763 of 2002 in H. M. O. P. No. 5 of 1999 dated 16. 12. 2002 dismissing the petition filed under Order XXVI, rule 10 (9) read with Section 151 of C. P. C. to appoint an expert and also for conducting scientific investigation - to conduct DNA test and other medical investigation to ascertain parentage of the female child born on 18. 4. 1999. Husband is the Revision Petitioner.

(2.) THE Revision Petitioner/husband married the Respondent on 19. 11. 1995. The spouse were living together. Out of their lawful wed lock, a female child was born on 24. 8. 1996. Thereafter, the Respondent had given birth to a second female child on 18. 4. 1999. According to the Revision Petitioner/husband, after the birth of first female child in 1996, the Respondent had not returned back to the matrimonial house. She is alleged to have developed illicit intimacy with another person. According to the Revision Petitioner/husband, there was no cohabitation for nearly three years. Though the spouses were not living together for about three years, due to illicit intimacy, the Respondent conceived in November 1998. The second female child was born on 18. 4. 1999. Alleging that the Respondent/wife has been living in adultery and denying the paternity of the second female child, the Revision Petitioner/husband has filed H. M. O. P. No. 5 of 1999 under Section 13 of Hindu Marriage Act for divorce. He sought for divorce on the ground of adultery.

(3.) DENYING the averments in the petition, the Respondent/wife had filed counter statement contending that both the children were born only to the Revision Petitioner/husband and that he was treating her cruelly and also ill-treating her. The Respondent has filed the counter statement specifically denying allegations in the petition. She has denied any relation with one Padmanabhan with whom she is alleged to have illicit intimacy.