Revision seeking quashing of Family Court order dismissing a DNA test petition seeking to ascertain adultery based on long delay of eight years before filing divorce grounds.
Criminal Revision case dismissed; connected miscellaneous petition closed.
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Crl.R.C.(MD) No.325 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.325 of 2020 & Crl.M.P(MD)No.2785 of 2020
V.Saravanan ... Petitioner/ Petitioner/Respondent Vs.
1.Logambal @ Vasanthi
... Respondent/ Respondent/Petitioner
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.M.P.No.59 of 2018 in M.C.No.96 of 2016 on the file of the I-Additional District Judge (PCR) Family Court (FAC), Trichy, dated 17.09.2019 and set aside the same.
For Petitioner : Mr.K.Sivabalan
O R D E R
This Criminal Revision Case has been filed to set aside the order passed in Cr.M.P.No.59 of 2018 in M.C.No.96 of 2016 on the file of the I Additional District Judge (PCR) Family Court (FAC), Trichy, dated 17.09.2019.
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Crl.R.C.(MD) No.325 of 2020
undergo DNA Test for the purpose of ascertaining the adultery of the second respondent herein. Though the petitioner made allegation in the divorce petition, the petitioner kept quiet for 8 years i.e after the birth of the second respondent, filed the petition for divorce on the ground on adultery, that too, after filing maintenance case. Therefore, the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below.
Assistant Registrar (AD-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS
mga
To:-
The I-Additional District Judge (PCR) Family Court (FAC), Trichy.
+1 CC to M/s.K. SIVABALAN, Advocate ( SR-17642[F] dated 08/04/2022 )
Crl.R.C.(MD)No.325 of 2020 & Crl.M.P(MD)No.2785 of 2020 07.04.2022
KMV(CO) KB(27.04.2022) 2P 3C
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2 issues framed by the court
Whether the High Court should quash the Family Court order dismissing the petitioner's DNA test application due to delay.
Whether the petitioner's eight-year delay in filing for divorce on grounds of adultery disentitles him from relief.
1 provisions across 1 enactments
Saravanan
Logambal
Minor S.Gokul
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
