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2019 Supreme(Mad) 2820

N.ANAND VENKATESH
Thamarai Selvi – Appellant
Versus
Govindaraj – Respondent


Advocates Appeared:
For the Petitioner: Mr. E. Balasubramanian
For the Respondent: Mr. D. Ramesh Kumar

ORDER :

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to set aside the order made in I.A.No.113 of 2011 against C.M.A.No.6 of 2011, dated 9.1.2012, on the file of the Fast Track Court, Pudukkottai.

1. This Civil Revision Petition has been filed challenging the order passed by the Court below allowing the application filed under Section 45 of the Indian Evidence Act to send the Petitioner, respondent and the child to under go DNA Test to ascertain the paternity of the child.

2. The respondent filed H.M.O.P.No.188 of 2007 before Sub-Court, Pudukkottai seeking for divorce on the ground of cruelty. This Petition came to be dismissed by judgment and decree, dated 1.3.2010. Aggrieved by the same, the respondent filed an appeal in C.M.A.No.6 of 2011 before the Additional District and Sessions Judge, Pudukkottai (FTC), in which, during the pendency of the appeal, the respondent filed an application in I.A.No.113 of 2011 to send the Petitioner, respondent and the child to undergo DNA Test in order to ascertain the paternity of the child.

3. The Court below has allowed this Petition on the ground that the Petitioner lived with the respo

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