PREMKUMAR Vs. RAJESWARI

JUDGEMENT

(1.) The revision petitioner herein is the husband of the respondent herein. The respondent herein filed an application before the learned Judicial Magistrate-I, Virudhachalam, under Section 125 Code of Criminal Procedure, claiming maintenance for her and her minor son and the said proceeding is pending in M.C. No. 1 of 2006.

(2.) The petitioner herein filed an application before the Trial Court seeking direction to subject the child, petitioner and the respondent herein for D.N.A. Test. According to the petitioner herein, the marriage was performed on 13.9.2000 and they lived together only till 13.12.2000. From 14.12.2000, there was no connection between the husband and wife and the respondent herein was having illicit intimacy with another person. The respondent herein gave birth to a child on 13.11.2001 and according to the petitioner herein, he is not the father of the child. The said application was dismissed by the learned Magistrate on the ground that the respondent herein cannot be compelled to subject herself to D.N.A. Test, since the respondent herein was not ready to undergo the D.N.A. Test. Aggrieved by the said order, the petitioner herein has preferred this criminal revision.

(3.) Though a notice was ordered to the respondent herein and Mr. T. Sivagnanasambandan, learned counsel entered appearance on behalf of the respondent and as he submitted that he had no instruction from the respondent and withdrawn his appearance, Ms. Jayashree Baskar was appointed as Legal Aid Counsel for respondent herein on 2.9.2009.