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2017 Supreme(Online)(KER) 35855

HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
NEELAKANTAN – Appellant
Versus
PRASHOBHANA    Advocate - SMT ASWATHY KUSUMAM, SMT ASWATHY KUSUMAM,K KUSUMAM,RENY ANTO – Respondent


JUDGMENT

A.M. Shaffique, J:

The petitioner challenges Ext.P8 order dated 2.2.2015 in IA.No.2150/2014 in OS.No.138/2005 by which an application filed by the respondents for directing DNA test to be conducted with reference to the paternity has been allowed.

2. The short facts involved in the original petition would disclose that the respondents herein claimed maintenance and other expenditure from the petitioner herein by filing OS.No.138/2005 before the Family Court, Nedumangad. According to them, their mother Kunji was originally married to one Kunjan. They had 7 children. Later she married the petitioner herein, the brother of Kunjan, and the respondents were born in that wedlock.

3. The petitioner herein disputed the aforesaid fact. According to him, he is not the father of the respondents, whereas the respondents' father is Kunjan. The petitioner has earlier filed IA.No.2264/2001 praying for ascertaining the paternity by DNA test which came to be dismissed as per order dated 19.3.2002. The petitioner again filed IA.No.2494/2013 seeking the very same relief which again was dismissed by order dated 16.2.2013 (Ext.P4). The respondents challenged the dismissal of the said application b

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