V JEYALAKSHMI Vs. D PANDIAN

JUDGEMENT

(1.) THE Civil Revision Petition is directed against the Fair and decreetal Order passed by the Learned III Additional Subordinate Judge, Madurai in I. A. No. 174 of 2007 in H. M. O. P. No. 60 of 1999.

(2.) THE averments of the affidavit is as follows: the respondent/husband herein had filed a main H. M. O. P. petition praying to pass a decree of Nullity by annulling the marriage held on 27. 05. 199 between himself and the respondent as per customs of the community at thiruparankundram, Madurai District. The petitioner/wife herein gave birth to a full matured female child weighing three kilograms on 01. 12. 1998 that is within 6 months 4 days from the date of their marriage. So, the respondent herein was not happy and he has been in mental torture to the effect that he had been cheated by the petitioner herein and her parents. After enquiry, the respondent herein came to know that the petitioner herein became pregnant even before the marriage through a third person. The child was born to the petitioner herein only after the full period of gestation. There was no chance for full term and matured delivery. within a period of 6 months 4 days from the date of a marriage. So, in order to find out the truth about the factum of parentage of the child, the respondent, petitioner and the child born to the petitioner herein have to necessarily undergone a Genetic DNA test to be done by a scientific expert. Such a Genetic Test would certainly indicate the position of the respondent herein and prove that he is not the father of the said child. Hence, a petition filed by the respondent herein.

(3.) IT is stated in the counter affidavit filed by the petitioner herein that the petition filed by the respondent herein is not maintainable. The allegation that she gave birth to a full matured female child weighing 3 kilograms on 01. 12. 1998 is not true. The respondent herein belong to Naidu community. The petitioner herein belong to Reddiar Community. Before marriage, they loved each other and made a contact between themselves. After knowing the consummation and conceiveness, marriage was arranged by her parents. To confirm this, the respondent herein also sent letter from Army to the petitioner herein before their marriage. The letter also marked through the respondent herein in the cross examination. The letter will disclose that the respondent herein knew about the pregnancy and the baby in the womb. Having admitted the paternity of the child the respondent herein cannot have any right to file the petition. Hence, the petition is liable to be dismissed.