THAMARAI SELVI Vs. GOVINDARAJ

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order passed by the Court below allowing the application filed under Section 45 of the Indian Evidence Act to send the Petitioner, respondent and the child to under go DNA Test to ascertain the paternity of the child.

(2.) The respondent filed H.M.O.P.No.188 of 2007 before Sub- Court, Pudukkottai seeking for divorce on the ground of cruelty. This Petition came to be dismissed by judgment and decree, dated 1.3.2010. Aggrieved by the same, the respondent filed an appeal in C.M.A.No.6 of 2011 before the Additional District and Sessions Judge, Pudukkottai(FTC), in which, during the pendency of the appeal, the respondent filed an application in I.A.No.113 of 2011 to send the Petitioner, respondent and the child to undergo DNA Test in order to ascertain the paternity of the child.

(3.) The Court below has allowed this Petition on the ground that the Petitioner lived with the respondent only for three months(three days as per Petition).Therefore, the Court below came to a conclusion that the Petitioner could have lived with the respondent only till December 2005. The child was born on 13.12.2006. There is no material to show that there was contact between the Petitioner and the respondent after December 2005 and therefore, the DNA test will have to be taken in order to ascertain the paternity of the child.