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2011 Supreme(Mad) 4072

K.VENKATARAMAN
T. Nagaraj – Appellant
Versus
Sumathi – Respondent


Advocates appeared:
For the Petitioner:R. Narendran, Advocate.
For the Respondent:C. Sangamithirai, Advocate.

Judgment :-

1. The petitioner has come up with the present civil revision petition challenging the order of the learned Subordinate Judge, Perambalur dated 16.8.2010 made in I.A.No.17 of 2010 in O.S.No.114 of 2008.

2. The petitioner herein is the husband of the respondent. He has filed the above referred OP against the respondent for dissolution of the marriage which has taken place between them on 12.7.2001. The case of the petitioner is that the respondent herself has admitted that one Muniappan, the second respondent in the said OP had intimacy with her and through him, she gave birth to a female child. The said statement made by the petitioner in the OP was denied by the respondent.

3. In the OP, the petitioner herein has taken out an application in I.A.No.17 of 2010 seeking DNA test to prove that minor Iswarya was not born to him. He also prays that the DNA test has to be conducted on himself and on the minor. The said application was dismissed by the Court below and the present civil revision petition is directed against the said order.

4. It is the case of the petitioner that the OP itself was filed by him only on the ground that the second child was not born to him and i










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