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2024 Supreme(Ker) 478

RAJA VIJAYARAGHAVAN V., P. M. MANOJ
A. J. Stephen, S/o. Joseph – Appellant
Versus
Rosemariya, Represented By Next Friend Mother- Shani E. S. , D/o. Sunny – Respondent


Advocates Appeared:
For the Petitioner: M. Sasindran, Satheeshan Alakkadan.
For the Respondent: Athul Babu, Sri. Pranoy K Kottaram.

JUDGMENT :

Raja Vijayaraghavan, J.

Under challenge in this petition filed under Article 227 of the Constitution of India is the order dated 10.01.2024 in I.A No.1 of 2023 in O.P No.1530 of 2022 on the file of the Family Court, Kannur. By the aforesaid order, the application filed by the petitioner herein arraying his 8-year-old daughter as respondent with a prayer to pass an order under Section 151 of the CPC to undergo DNA test was rejected.

2. Short facts which led to the filing of the petition are as under:

According to the petitioner, he was arrayed as the respondent in MC No.345 of 2014 on the file of the Family Court, which was instituted by the respondent minor child, through her guardian. In the aforesaid maintenance case, it was contended that the petitioner was conducting a private English Medium School at Sankarampett in the State of Andhra Pradesh in the name and style as Don Bosco School. The mother of the child had worked as a nursery teacher in the school for the period from 2008 to July 2013. She contended that her mother was accommodated in the residential home of the petitioner. It is alleged that the petitioner subjected the mother of the child to rape on various

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