R. Narayana Pisharadi, J.

“Truth must triumph” is the hallmark of justice. When truth is known there is no need or room for any presumption. A presumption cannot prevail over truth of a fact established by science. (Nandlal Vasudeo Badwaik v. Lata, AIR 2014 SC 932).

2. The petitioner is the former husband of the respondent. The petitioner filed O.P.No.277/2016 in the Family Court for a decree of declaration that he is not the father of the girl child born to the respondent.

3. The marriage between the petitioner and the respondent was on 01.11.1999. A girl child was born to the respondent on 06.08.2008. The plea of the petitioner, in the Original Petition filed before the Family Court, is that he had no cohabitation with the respondent and that the child born to the respondent is not his daughter. It is also alleged by the petitioner that the respondent had told him that he is not the father of the child. The petitioner divorced the respondent on 26.03.2010 by pronouncing ‘talaq’.

4. The petitioner filed an application as I.A.No.593/2016 in the Family Court praying that DNA test may be conducted to prove the paternity of the child born to the respondent. The respondent filed