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1993 Supreme(Online)(Ker) 56

KERALA HIGH COURT
K.V. Sohan, J
Mr. A.T. Mathew – Appellant
Versus
Mrs. Annamma Mathew – Respondent


Table of Content
1. facts leading to the petition for nullity due to alleged adultery. (Para 1 , 2 , 3)
2. consideration of section 112 of the evidence act regarding legitimacy. (Para 6 , 7 , 19)
3. final ruling on the inability to compel dna testing. (Para 22 , 24)

1The Miscellaneous Petition has been referred to a Division Bench by the learned single Judge by order dated 15-3-1993! The main petition, OP 13049 of 1991 is a petition filed on 13-12-1991 in the High Court by the petitioner, Mr. A.T. Mathew against his wife Mrs. Annamma Mathew for declaring their marriage dated 28-10-1979 as null and void, under S.18 and 19 of the Indian Divorce Act, 1869. Earlier, the same petitioner had filed OP 153 of 1986 in the District Court, Kottayam under S.10 of the Indian Divorce Act, 1869 for divorce. The said OP has since been transferred to the High Court and has been re-numbered as OP 14997 of 1992.

2. CMP 20290 of 1992 is a petition filed by the petitioner husband in the newly filed (in the High Court) OP 13049 of 1991 for declaration of the marriage as nullity under S.18 and 19. The petitioner and the respondent were married on 28-10-1979. The substantive allegation now made in 1991 is that






































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