PRAKASH Vs. KARPAGAM AND ORS.

JUDGEMENT

(1.) The Revision Petitioner/husband has focused the instant Criminal Revision Petition as against the order dated 08-10-2014 in C.M.P.No.6486 of 2014 in M.C.No.10 of 2014 passed by the Learned Judicial Magistrate, Cheyyar.

(2.) The Learned Judicial Magistrate, Cheyyar while passing the impugned order in C.M.P.No.6486 of 2014 in M.C.No.10 of 2014 dated 08-10-2014 (filed by the Petitioner/Respondent husband) had observed that the marriage between the Petitioner/Respondent (husband) and first Respondent/ wife, was admitted on both sides and when the marriage relationship subsists, during the said period of relationship, if a child is born out of the said wedlock, then one has to come to the conclusion that the child was born only during the subsistence of marriage relationship as per Section 12 of the Indian Evidence Act, 1872 and hence, rejected the petition seeking for passing of an order to subject the first Respondent/ wife to undergo the DNA test.

(3.) Assailing the correctness, validity and legality of the impugned order dated 08-10-2014 in C.M.P.No.6486 of 2014 in M.C.No.10 of 2014 passed by the Learned Judicial Magistrate, Cheyyar, the Revision Petitioner/ husband has filed the present Revision petition, as an aggrieved person by taking a plea that the order passed by the trial Court bristles with irregularities and illegalities in the eye of Law.