DEVAKI Vs. C.L. SUBRAMANIAN

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 09.01.2013 in I.A. No. 128 of 2012 in G.W.O.P. No. 75 of 2012 passed by the learned Principal District Judge, Namakkal, in and by which, the application filed by the respondent herein, for sending the children Minor Srinivasan, Minor Kalaivani and the petitioner and the respondent, for subjecting themselves to DNA test to Dean, Salem Mohan Kumaramangalam Government Hospital, was allowed.

(2.) Learned counsel for the revision petitioner contended that the trial Court failed to appreciate the special facts of the case. He submitted that the G.W.O.P. itself is not maintainable and the petition for declaring the respondent herein as guardian alone is maintainable. He further submitted that the guardian alone is entitled for the custody of the minors. He further contended that the trial Court failed to note the presumption under Sec. 112 of the Indian Evidence Act and the said presumption squarely applies to the facts of the case. The trial Court failed to appreciate the authorities cited before Court and erroneously allowed the application. He further submitted that the application filed for DNA test is not maintainable and prayed that the Civil Revision Petition may be allowed and the impugned order of the trial Court may be set aside. In support of his submissions, learned counsel for the petitioner relied on the following decisions:

(3.) Learned counsel for the respondent contended that the lower Court, after appreciating the facts and circumstances of the case, correctly came to the conclusion and allowed the application and he prayed that the Civil Revision Petition may be dismissed.