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2018 Supreme(Mad) 4441

M.S.RAMESH
Selvaraj – Appellant
Versus
Dhatchayani – Respondent


Advocates Appeared:
For the Petitioner:K.S.V. Prasad, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the CRP setting aside the order of the Learned Subordinate Judge, Ponneri in I.A.No.20 of 2013 in H.M.O.PNo.46 of 2009 and dated 06.06.2017 and order the DNA test of the child said to have been begotten by the Respondent.)

1. The order under challenge in the present Revision is rejection of the petitioner’s application under Section 112 of the Indian Evidence Act rejecting his request to subject the child and the respondent herein to a DNA test. The main ground raised by the petitioner is that though he had clearly stated in his main petition for divorce filed on the ground of infidelity that the respondent herein had left the matrimonial house on 22.11.2005 and had reconciled with him on 16.04.2007 only, she had declared that she was pregnant and as such the impregnation was not through the petitioner herein. Hence, he alleges infidelity on the part of the respondent and thereby seeks for divorce by placing reliance on the date of desertion mentioned in the petition as well as the date in the police complaint lodged by the respondent herein dated 16.10.2009 wherein she h

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