NOONE MALLIKHARJUN Vs. NOONE DEVI PRIYA

JUDGEMENT

(1.) This revision is filed by the petitioner/defendant, aggrieved by the order dtd. 4/6/2018 in I.A.No.498 of 2015 in O.S.No.259 of 2015 passed by the III Additional Junior Civil Judge, Nellore.

(2.) The above suit is filed by the respondent/plaintiff herein to declare that she is the daughter of the petitioner/defendant herein. The mother of the plaintiff by name, Pushpakala, by virtue of marriage between plaintiff's mother and defendant on 29/10/1989 at Tirupati as per Hindu rites and customs. It is stated that in that wedlock, she was born at Samatha Clinic, Mulapeta, Nellore on 18/8/1992. It is no doubt averred that the defendant deserted the plaintiff's mother, Pushapakala supra and contracted marriage with one Kamakshi, D/o Narayana and through that second wife, the defendant blessed with two children, a male and a female.

(3.) It is, during the trial of the suit in progress under contest by disputing the paternity of the defendant to the plaintiff, from the evidence of PW.1 completed, the plaintiff filed an application in I.A.No.498 of 2015 to direct the defendant to submit for the DNA test to determine the defendant's paternity to her.