Rajasree v. Ramesan
Case brief
What is this about?
The High Court disposed of an original petition challenging a rejected DNA test application. While sustaining the impugned order, the Court directed the Family Court to examine evidence first to determine the necessity of a DNA test before making a final decision on paternity.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938
OP (FC).No. 210 of 2014 (R)
OP 1301/2013 OF FAMILY COURT, TRIVANDRUM
PETITIONER(S):
RAJASREE, AGED 21 YEARS, D/O.RAMESAN, MANGALV VILA VEED, TC 10/194, BALAN VAIDYAN LANE, MUCKOLA, MANNANTHALA, THIRUVANANTHAPURAM
BY ADV. SRI.T.K.ANANDA KRISHNAN
RESPONDENT(S):
1. RAMESAN, AGED 58 YEARS, S/O.ARJUNA PANICKER,NARAKATHU VILA VEED, MARANALLOOR, OORUTTAMBALAM, THIRUVANANTHAPURAM-695 018.
Issues for consideration
3 issues framed by the court
Whether the Family Court should be directed to consider evidence before deciding on the necessity of a DNA test for paternity determination.
Whether the petitioner, being a major, can seek a DNA test after prior rejections in earlier proceedings.
Whether the claim for a DNA test is barred by res judicata stand on considerations.
Parties & counsel
- petitioner
Rajasree
- respondent
Ramesan
- respondent
Syamala Kumari
Coram
Case details
As recorded by the court registry
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