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2015 Supreme(Online)(KER) 22425

HIGH COURT OF KERALA
K.T.SANKARAN, BABU MATHEW P.JOSEPH, JJ
REENA THOMAS – Appellant
Versus
SANJNA SAJEEV – Respondent


JUDGMENT

K.T.Sankaran, J.

The respondents filed O.P.No.448 of 2010 on the file of the Family Court, Thiruvananthapuram, claiming maintenance from the petitioner. The petitioner disputed the paternity of the first respondent. He filed application for DNA test as I.A.No.642 of 2012. On 9.11.2012, the Family Court passed the following order in I.A.No.642 of 2012:

“Heard. Both parties agree that D.N.A.test can be conducted. Respondent wants the D.N.A.test to be conducted at 2 labs and ready to meet half the expenses. Send to central molecular lab Hydrabad and also to F.S.L., Thiruvananthapuram for test. Communicate both labs reporting the direction. For report. Take further steps. To 04.01.2013.”

Thereafter, the Family Court, Thiruvananthapuram passed Ext.P8 order dated 12.8.2013, which reads as follows:

“Petition for interim custody of ward.

Both sides represented. Heard admittedly that order dated 9.11.2012 is suo moto reviewed and parties are directed to appear before the Rajeev Gandhi centre for Biotechnology, Thiruvananthapuram on receiving notice and meet the expenses/fees sharing equally and co-operate for collecting specimen Adduce the institution and report to 25.09.2013.”

2. The ord

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