High Court Kerala High Court

Leela vs Pradep on 25 September, 2008

Kerala High Court
Leela vs Pradep on 25 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 231 of 2008()


1. LEELA, D/O. ONAKKAN, AGED 30,
                      ...  Petitioner
2. DEVI, AGED 7 (MINOR),

                        Vs



1. PRADEP, S/O. NARAYANANKUTTY,
                       ...       Respondent

                For Petitioner  :SRI.G.GOPALAKRISHNAN NAIR (EDAPPALLY)

                For Respondent  :DR.GEORGE ABRAHAM

The Hon'ble MR. Justice R.BASANT

 Dated :25/09/2008

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                   R.P.(FC) No. 231 of 2008
           -------------------------------------------------
       Dated this the 25th day of September, 2008

                              ORDER

The petitioners are the claimants in a proceedings under

Sec.125 Cr.P.C. before the Family Court. They claimed

maintenance at the rate of Rs.2,000/- per mensem. The claim

was turned down in so far as both the claimants are concerned.

The claimants have now come before this Court to challenge

that order.

2. In the course of arguments before me, the learned

counsel for the petitioners submits that the 1st petitioner is, at

any rate, not entitled to claim maintenance inasmuch as no

legal marriage is asserted or established. But it is submitted

that the 2nd claimant/child is entitled for maintenance. The

DNA test report could not be proved before the court below.

At the Bar, it is submitted that the respondent is willing to get

R.P.(FC) No. 231 of 2008 -: 2 :-

the DNA test conducted afresh at his expense. In these

circumstances, there is an agreement that the impugned order

can be set aside and the learned Judge of the Family Court,

Kalpetta, can be directed to dispose of the matter afresh after

giving the parties an opportunity to adduce further evidence. It

is further directed that the respondent shall take all necessary

steps to get the DNA test conducted afresh at his expense failing

which appropriate adverse inference shall be drawn against the

respondent.

3. In the result:

(a) This RP(FC) is allowed.

(b) The impugned order is set aside.

(c) The learned Judge of the Family Court, Kalpetta, is

directed to dispose of the matter afresh in accordance with law

after giving the parties an opportunity to adduce further

evidence, if any.

(d) The parties are directed to appear before the Family

Court on 3/11/08.

(e) The respondent shall take all necessary steps to get the

DNA test conducted afresh to resolve the controversy regarding

the paternity of the 2nd petitioner. Such steps shall be taken

after appearance before the Family Court within the time

R.P.(FC) No. 231 of 2008 -: 3 :-

stipulated by the Family Court. If no such steps are taken,

necessary adverse inference shall be drawn against the

respondent and the petition under Sec.125 Cr.P.C. shall be

disposed of afresh.

4. Hand over a copy of this order to the learned counsel for

the petitioners for production before the learned Judge of the

Family Court, Kalpetta.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge

R.P.(FC) No. 231 of 2008 -: 4 :-