A.M. Babu, J.

1. The appellant was the husband of the respondent. The respondent gave birth to a child during the continuance of her marriage with the appellant. The appellant denied the paternity of the child. Two petitions were filed before the family court by the appellant against the respondent. One was for divorce. The relief of divorce was decreed. Two relief’s were sought in the other petition. One, a declaration that the appellant is not the father of the child. Two, the appellant should be compensated to the tune of Rs 5,00,000/-by the respondent for her having lived in adultery. Both the relief’s were refused by the family court. Hence the appellant has come in appeal.

2. The child was in the womb when the petition was filed. The child was born pending the proceedings. The petition was amended to state that fact. But the child was not impleaded as a respondent. The parties to the proceedings agreed for a DNA test to ascertain the paternity of the child. The test was conducted. The test result favoured the appellant. The family court dismissed the petition holding that the appellant had access to the respondent when the child was begotten. The court relied on the pres