IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Akilandeswari – Appellant
Versus
Malathi – Respondent
| Table of Content |
|---|
| 1. disputed marriage and paternity in partition suits. (Para 1 , 2) |
| 2. dna tests not routine; require prima facie case. (Para 3) |
| 3. ongoing paternity dispute justifies dna testing. (Para 4 , 5) |
COMMON ORDER
Challenging the impugned orders passed in I.A.No.4 of 2021 and I.A.No.
191 of 2024 in O.S.No.422 of 2020 and O.S.No.402 of 2020 by the learned Sub-Judge, Panruti, Cuddalore District respectively, the Revision Petitioners preferred these Civil Revision Petitions.
2.Before the trial court, there were two suits filed seeking for the relief of partition. The respondent Malathi in O.S.No.422 of 2020 claimed herself as wife of one Karthik @ Soundararajan and she also contended that out of marriage between them, she begotten a male child viz., Hari Prabakaran. But the said Karthik @ Soundararjan is disputing the alleged marriage as well as paternity of the child. Therefore, both of them filed applications to take D.N.A. test in I.A.Nos. 191 of 2021 and 04 of 2022. Both applications were allowed by the trial judge on hearing both sides. Aggrieved over that, the revision petitioners have preferred these Civil Revision Petitions.
3. The learned counsel for revision petitioners w
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