Madras High Court
D.Rajesh vs Anbuselvi on 27 July, 2015
Author: M.Duraiswamy
Bench: M.Duraiswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.07.2015 CORAM: THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.2085 of 2015 and M.P.No.1 of 2015 D.Rajesh ... Petitioner Vs. Anbuselvi ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 27.04.2015 passed in I.A.No.10 of 2013 in H.M.O.P.No.66 of 2011 on the file of the Subordinate Judge, Rasipuram. For Petitioner : Mr.N.Suresh For Respondent : Mr.B.Vasudevan O R D E R
Challenging the fair and decreetal order passed in I.A.No.10 of 2013 in H.M.O.P.No.66 of 2011 on the file of the Subordinate Court, Rasipuram, the petitioner, who is the husband of the respondent has filed the above Civil Revision Petition.
2.The petitioner filed the Original Petition in H.M.O.P.No.66 of 2011 on the file of the Subordinate Judge, Rasipuram to declare the marriage held between the petitioner and respondent as nullity. The respondent filed her counter and is contesting the Original Petition.
3.The respondent took out and application in I.A.No.10 of 2013 in H.M.O.P.No.66 of 2011 for conducting DNA test by taking blood samples of the petitioner, respondent and her daughter Nehrika. In the affidavit filed in support of the petition, the respondent has stated that the petitioner husband has taken a stand that her daughter Nehrika is not born to him and therefore, undergoing DNA test is necessary to prove the paternity of the child. The petitioner filed his counter disputing the averments stated in the affidavit filed in support of the petition. The trial Court, after taking into consideration the case of both parties, allowed the application. Aggrieved over the same, the petitioner husband has filed the above Civil Revision Petition.
4.Heard Mr.N.Suresh, the learned counsel appearing for the petitioner and Mr.B.Vasudevan, the learned counsel appearing for the respondent.
5.When notice was ordered to the respondent on 15.06.2015, Mr.N.Suresh, the learned counsel appearing for the petitioner submitted that the petitioner husband is willing to undergo DNA on the supervision of this Court and also as directed by this Court.
6.When the matter is taken up for hearing today, the learned counsel for the petitioner filed a memo giving details of three hospitals wherein DNA test can be done to the parties.
7.The learned counsel for the respondent submitted that the respondent has no objection in undergoing DNA test in anyone of the hospital.
8.Having regard to the submissions made by the learned counsel on either side, I direct the parties viz., the petitioner, the respondent and her daughter Nehrika to undergo DNA test before Dr.M.G.R.Medical University Genetic Lab, 69, Anna Salai, Guindy, Chennai 32.
9.The learned counsel for the respondent submitted that the respondent has no objection for undergoing DNA test before Dr.M.G.R. Medical University Genetic Lab.
10.In these circumstances, the parties are directed to be present before Dr.M.G.R.Medical University Genetic Lab, 69, Anna Salai, Guindy, Chennai 32 on 05.08.2015 at 10.00 a.m. and the concerned Authority of Dr.M.G.R.Medical University Genetic Lab is directed to conduct DNA test of all the three persons and hand over the report to the petitioner husband. The petitioner husband shall bear the expenses for the conduct of the DNA test and pay the same to Dr.M.G.R.Medical University Genetic Lab. The Lab Authority is directed to furnish a copy of the report to the respondent also. On receipt of the report, the parties are directed to produce the same before the Subordinate Court, Rasipuram in H.M.O.P.No.66 of 2011.
11.With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Index : No 27.07.2015 Internet : Yes va Note: Issue order copy by 29.07.2015. To The Subordinate Judge, Rasipuram. M.DURAISWAMY,J. va C.R.P.(PD).No.2085 of 2015 and M.P.No.1 of 2015 27.07.2015