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.
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R.P.(FC) No. 231 of 2008
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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
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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
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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
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