Dismissed¶67

Akilandeswari v. Malathi

Madras HC27 Mar 2026CRP/5754/2025

Case brief

AI extract

What is this about?

Keywords: DNA test; paternity dispute; alleged marriage denied; partition suit; Section 112 Evidence Act presumption of legitimacy; non-access; privacy and proportionality (K.S. Puttaswamy); Goutam Kundu parameters; Sharda v. Dharmpal; Babani Prasad Jena; Ivan Rathinam v. Milan Joseph; Ashok Kumar v. Raj Gupta; Article 227 Civil Revision Petition; Sub-Judge Panruti; Madras High Court; order allowing DNA test confirmed; CRP dismissed 27-03-2026.

What did the court decide?

None to the revision petitioners; the trial court's findings in I.A.Nos.191 of 2021 and 4 of 2022 stand confirmed; connected civil miscellaneous petitions closed; no costs. ¶67

Akilandeswari Vs Malathi — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

None to the revision petitioners; the trial court's findings in I.A.Nos.191 of 2021 and 4 of 2022 stand confirmed; connected civil miscellaneous petitions closed; no costs.

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Issue for consideration

Whether the Civil Revision Petitions should succeed in setting aside the orders of the learned Sub Court/Sub-Judge, Panruti allowing the DNA-test applications (order dated 11.09.2025 in I.A. No. 4 of 2022 in O.S. No. 422 of 2020; order dated 09.09.2025 in I.A. No. 191 of 2021 in O.S. No. 402 of 2020). +1 more

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Court's answer

Since Karthik @ Soundararajan had disputed the marriage and the paternity of the child from the beginning, the parties had fought over paternity throughout, and Hari Prabakaran was then aged about 18 years, the court held that the DNA test is necessary to prove the defence raised by respondent Malathi.

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Ratio / Principle

The authorities relied upon by the revision petitioners' counsel (Ashok Kumar vs. Raj Gupta; Ivan Rathinam vs. Milan Joseph, with the passages quoted therein) are not applicable to the facts of the case.

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Key takeaways

The findings rendered by the Sub-Judge, Panruti in I.A. Nos. 191 of 2021 and 4 of 2022 were confirmed; both Civil Revision Petitions were dismissed with no costs and the connected civil miscellaneous petitions were closed.ratio¶67

Detailed headnote1 paragraphs

Madras High Court (T.V. Thamilselvi J.) dismissed CRP Nos. 5754 and 5755 of 2025, filed under Article 227 of the Constitution of India, thereby confirming the orders of the Sub-Judge, Panruti allowing DNA-test applications (order dated 11.09.2025 in I.A. No. 4 of 2022 in O.S. No. 422 of 2020 and order dated 09.09.2025 in I.A. No. 191 of 2021 in O.S. No. 402 of 2020) arising out of two partition suits in which Malathi claimed to be the wife of Karthick @ Soundararajan and the mother of Hari Prabakaran, while he denied the alleged marriage and paternity. Holding that, as the dispute over the marriage and paternity existed from the very beginning, had continued throughout, and Hari Prabakaran was then about 18 years old, the DNA test was necessary to prove the defence raised by Malathi; the authorities relied on by the petitioners' counsel — Ashok Kumar vs. Raj Gupta (2022 (1) SCC 20) and Ivan Rathinam vs. Milan Joseph (2025 SCC Online 175), with the quoted passages from K.S. Puttaswamy, Goutam Kundu, Sharda and Babani Prasad Jena on Section 112 Evidence Act parameters — were held not applicable to the facts. CRPs dismissed with no costs; connected CMPs closed.

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CRP No. 5754 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27-03-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 5754 of 2025 & CRP NO. 5755 OF 2025 AND CMP NO. 28622 OF 2025 & CMP NO. 28619 OF 2025

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CRP No. 5754 of 2025

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Akilandeswari W/o. Soundararajan, D.No.23-11, Azhagiri St, (Part of K.K. Nagar) MGR Nagar, Chennai 78.

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Chithara

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W/o. Ezhumalai, D/o. Selvaraj, D.No.157, Main Road, Perumbakkam, Villupuram Dt.

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Soundararajan S/o. Selvaraj, D.No.23-11, Azhagiri St, (Part of K.K. Nagar) M.G.R. Nagar, Chennai 78.

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Vatchala W/o. Shanmugam, D/o. Selvaraj, 3-9, Neduntheru, Koliyanur and Post, Villupuram Dt.

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..Petitioner(s)

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Malathi S/o. Nandhagopal, School St, Aandipalayam, Kongarayanur Post, Panruti Taluk, Cuddalore Dt.

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..Respondent(s)

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https://www.mhc.tn.gov.in/judis

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CRP No. 5754 of 2025

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CRP No. 5755 of 2025

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Karthick @ Soundararajan S/O. Selvaraj Padaiyachi, D.No.23/11, Ayagiri Street, M.G.R. Nagar (K.K.Nagar Area), Chennai - 600078.

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..Appellant(s)

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Hari Prabakaran S/O. Karthick @ Soundararajan, Muthalamman Kovil Street, Aandipalayam Village, Konjarayanoor Post, Panruti Taluk.

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..Respondent(s)

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PRAYER IN CRP No. 5754 of 2025

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Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the order and decree dated 11.09.2025 made in IA No.4 of 2022 in OS No.422 of 2020 passed by the learned Sub Court, Panruti.

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PRAYER IN CRP No. 5755 of 2025

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Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the order and decree dated 09.09.2025 made in IA No.191 of 2021 in OS No.402 of 2020 passed by the learned Sub Court, Panruti.

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In both CRPs

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For Petitioner(s): Mr.S.Sathish Rajan For Respondent(s): Mr.K.Moorthy

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COMMON ORDER

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Challenging the impugned orders passed in I.A.No.4 of 2021 and I.A.No.

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191 of 2024 in O.S.No.422 of 2020 and O.S.No.402 of 2020 by the learned Sub-Judge, Panruti, Cuddalore District respectively, the Revision Petitioners preferred these Civil Revision Petitions.

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https://www.mhc.tn.gov.in/judis

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CRP No. 5754 of 2025

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2.Before the trial court, there were two suits filed seeking for the relief of partition. The respondent Malathi in O.S.No.422 of 2020 claimed herself as wife of one Karthik @ Soundararajan and she also contended that out of marriage between them, she begotten a male child viz., Hari Prabakaran. But the said Karthik @ Soundararjan is disputing the alleged marriage as well as paternity of the child. Therefore, both of them filed applications to take D.N.A. test in I.A.Nos. 191 of 2021 and 04 of 2022. Both applications were allowed by the trial judge on hearing both sides. Aggrieved over that, the revision petitioners have preferred these Civil Revision Petitions.

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The learned counsel for revision petitioners would submit that the order passed by the trial judge allowing the applications as such is not necessary to prove his paternity, however, it requires other relevant documents, but without considering the same, the trial judge erroneously allowed the applications. In support of their contentions, the learned counsel relied on the ratio laid down in the following authorities :-

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“(i) Reported in 2022 (1) SCC 20 in the case of Ashok Kumar vs. Raj Gupta and others , wherein it has been held in para 15 as follows :-

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15. DNA is unique to an individual (barring twins) and can be used to identify a person’s identity, trace familial linkages or even reveal sensitive health information. Whether a person can be compelled to provide a sample for DNA in such matters can also be answered considering the test of proportionality laid down in the unanimous decision of this court in K.S.Puttaswamy (Aashaar -5 J.)

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https://www.mhc.tn.gov.in/judis

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CRP No. 5754 of 2025

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vs. Union of India reported in 2019 (1) SCC 1 , wherein the right to privacy has been declared a constitutionally protected right in India. The court should therefore examine the proportionality of the legitimate aims being pursued i.e. whether the same are not arbitrary or discriminatory, whether they may have an adverse impact on the person and that they justify the encroachment upon the privacy and personal autonomy of the person, being subjected to the DNA test.

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ii) Reported in 2025 SCC Online 175 in the case of Ivan Rathinam vs. Milan Joseph , wherein it has been held in paras 30, 31 and 47 as follows :-

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30. It is only when such an assertion is made, that the Court can consider the question of ordering a DNA test to establish paternity. In Goutam Kundu vs. State of W.B. (supra), this court laid down the following parameters to decide whether a court can order a DNA test for the purposes of Section 112 :

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(1) that courts in India cannot order blood test as a matter of course;

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(2) wherever applications are made for such prayers in order to have roving inquiry, the prayer for blood test cannot be entertained.

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(3) There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act.

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(4) The court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman.

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(5) No one can be compelled to give sample of blood for analysis.

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CRP No. 5754 of 2025

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court in

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31. These parameters have been subsequently followed by this

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court in Sharda v. Dharmpal (supra) and Babani Prasad Jena v. Orissa State Commission for Women (Supra.) In these cases, it was held that DNA tests may be ordered, only if a strong prima case of non-access is made out, with sufficient material placed before the court to arrive at a decision.

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32……

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47. First and foremost, the courts must, therefore, consider the existing evidence to assess the presumption of legitimacy. If that evidence is insufficient to come to a finding, only then should the court consider ordering a DNA test. Once the insufficiency of evidence is established, the court must consider whether ordering a DNA test is in the best interests of the parties involved and must ensure that it does not cause undue harm to the parties. There are thus, two blockades to ordering a DNA test : (i) insufficiency of evidence; and (ii) a positive finding regarding the balance of interests.”

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By submitting the aforesaid ratios, the learned counsel argues that at the stage of the commencement of trial, the filing of applications for D.N.A. test as such is unwarranted one and only after the completion of trial, the trial judge ought to have found whether the DNA test is necessary or not and also ought to have found when the court has to order for DNA test. Therefore, at this stage, allowing the applications to grant permission for DNA test as such is illegal and liable to be set aside.

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CRP No. 5754 of 2025

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Heard and considered rival submissions made on either side and perused the materials available on record.

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Furthermore, on seeing the facts, it reveals that from the beginning

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itself, Karthik @ Soundararajan is disputing the marriage as well as paternity of the child. As on date, Hari Prabakaran is aged about 18 years and all these days, they are fighting between them also paternity of child. Therefore, the DNA test is necessary to prove the defence raised by the respondent Malathi. Hence, the authorities relied on by him is not applicable to the facts of the case. Accordingly, the findings rendered in I.A.Nos.191 of 2021 and 4 of 2022 by the

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Sub-Judge, Panurti are confirmed and these Civil Revision Petitions are dismissed. No costs. Consequently, connected civil miscellaneous petitions are closed.

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27-03-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP

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The Sub-Judge, Panruti.

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