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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE SHAMIM AHMED, J
Venkatesh – Appellant
Versus
Seenivasan – Respondent
| Table of Content |
|---|
| 1. overview of the criminal revision case (Para 1 , 2) |
| 2. necessity of dna test and legal implications (Para 4 , 8) |
| 3. legal presumption of paternity under section 116 (Para 11) |
ORDER
1. This Criminal Revision Case has been filed, to set aside the order dated, 22.07.2025, made in Crl.MP.No.1089 of 2025 in MC.No.26 of 2022, by the Judicial Magistrate, Karaikudi.
2. The facts of the case, in a nutshell, led to filing of this Criminal Revision Case and necessary for disposal of the same, are as follows:-
a) The Petitioner, represented by his mother, Jothi, had filed a maintenance case in MC.No.26 of 2022, before the Judicial Magistrate, Karaikudi, against the Respondent, seeking maintenance, alleging that though she was legally married to one Subbaiah, who was working abroad and died on 07.10.2020, the Petitioner was born to her through the Respondent, by physical relations by threat and coercion, on several occasions. The Petitioner, who was born on 21.01.2006, represented by his mother, had filed Crl.MP.No.1089 of 2025 in MC.No.26 of 2021, under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 , seeking a direction to conduct a DNA Test to establish the paternity of t
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