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2005 Supreme(Mad) 1085

R.BANUMATHI
Sakthivel – Appellant
Versus
Karpagam – Respondent


Advocates Appeared:For The Petitioner:P. Jyothimani, Advocate. For The Respondent:Govi Ganesan, Advocate.

Judgment :-

This revision is directed against the order of Subordinate Judge, Maduranthakam made in I.A.No. 763 of 2002 in H.M.O.P. No. 5 of 1999 dated 16.12.2002 dismissing the petition filed under Order XXVI, rule 10(9) read with Section 151 of C.P.C. to appoint an expert and also for conducting scientific investigation - to conduct DNA test and other medical investigation to ascertain parentage of the female child born on 18.4.1999. Husband is the Revision Petitioner.

2. The Revision Petitioner/husband married the Respondent on 19.11.1995. The spouse were living together. Out of their lawful wed lock, a female child was born on 24.8.1996. Thereafter, the Respondent had given birth to a second female child on 18.4.1999. According to the Revision Petitioner/husband, after the birth of first female child in 1996, the Respondent had not returned back to the matrimonial house. She is alleged to have developed illicit intimacy with another person. According to the Revision Petitioner/husband, there was no cohabitation for nearly three years. Though the spouses were not living together for about three years, due to illicit intimacy, the Respondent conceived in November 1998. The second





























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