Hariprasad,J
Petitioner herein is the petitioner in O.P No.1270/2009 pending before the Family Court, Thiruvananthapuram. He seeks divorce of the marriage between himself and respondent under Section 13 of the Hindu Marriage Act, 1955. Pending the above Original Petition he filed I.A No.1363/2011 in the above petition seeking the indulgence of the court to send the child born to them for undergoing DNA test. That application was dismissed by the court below as per Ext.P6 order. That is impugned in this proceedings.
2. Heard the learned counsel for petitioner. Though notice was served on the respondent, she did not propose to appear before this court. We carefully perused the impugned order. Petitioner is an army personnel presently working at Hyderabad. Marriage between the petitioner and respondent is a fact admitted. It is mentioned by the petitioner that on various O.P.(F.C) No.4221/2013 2 occasions he was out of his matrimonial home on account of official duties and he stayed far away at his work place. Petitioner would further contend that he returned from his work place on 12.04.2008 and, thereafter he took the respondent to Meerut on 28.04.2008. When the petitioner returned to Meerut on 01.05.2008 the respondent informed him that she was pregnant. According to the petitioner, the child born in the wedlock is not that of his.
3. Learned Judge, Family Court considered the plea of petitioner to send the DNA sample of the child for testing to establish that the petitioner is not the putative father of the child. Petition was dismissed giving reliance on the provision under Section 112 of the Evidence Act. Regarding the reasonings stated by the court below in detail for rejecting the contention of the petitioner, we do not propose to make any observation on the merit of the matter. Considering the fact that the Original Petition was filed in the year 2009, we feel that in the interest of justice the proceedings shall be tried on merit as expeditiously as possible. We make it clear that the petitioner is entitled to make appropriate contentions before the court below in respect of the O.P.(F.C) No.4221/2013 3 paternity of the child and the Family Court, if it feels so, after evidence, consider the plea of the petitioner to send the child for DNA test and pass appropriate orders thereof. With this observation we direct Family Court, Thiruvananthapuram to dispose of the case on merits in accordance with law within a period of six months.
V.K.MOHANAN, JUDGE A.HARIPRASAD, JUDGE vdv