SANMUGAM Vs. SAMMUNDEESWARI

JUDGEMENT

(1.) THE respondents are the wife and child of the petitioner herein. The respondents have filed a petition for maintenance under Section 125 Cr. PC during the year 2005. Pending enquiry, the petitioner has taken out an application, disputing the paternity of the second respondent child. After hearing both the parties, the order impugned has been passed, refusing to entertain such an application seeking for a direction for subjecting the child to DNA test, to prove the paternity. Aggrieved against the same, the present revision has been filed before this Court.

(2.) LEARNED Counsel for the petitioner submits that the petitioner did not have access and sexual intercourse from 12. 1. 2001 and under such circumstances, the baby born on 11. 10. 2001 cannot be construed as his child and on this sole ground, sought for subjecting the second respondent child for dna test. Learned counsel for the petitioner relied on the cases reported in sharda v. Dharmpal and S. Andi Thevar v. State to substantiate his contention.

(3.) IN Sharda v. Dharmpal (supra), the Supreme Court has held as follows: