Kochi, July 12 Kerala High Court on Wednesday observed that when there is prima facie evidence of long cohabitation between a man and woman, pleas for DNA test to determine the paternity of child born out of the relationship cannot be put aside as it would cast social stigma upon the child and the mother.
The court observed while rejecting a man’s plea challenging a family court order that directed him to undergo blood test for DNA verification to prove the paternity of a child.
The court observed that the woman, who claimed to be the man’s wife, had made out a prima facie case that the two had cohabited.
The man thoroughly failed to establish a prima facie case to back up his claim that the woman led an ‘immoral’ life.
“If an order of this nature is declined that would have the impact of bastardising the minor girl child among the public. Undoubtedly, that would caste a social stigma upon the child as well as the mother respectively as ‘bastard’ and ‘immoral’,” the Court observed.
Referring to disputed claims of maintenance sought by the woman for herself and the child, the Court said: “True that an illegitimate child is also eligible for maintenance allowance but, for that paternity is a very relevant aspect to be established so as to enable the court to direct payment from the respondent who was alleged as his father.”
The Court ruled after the man (petitioner) and the woman were stated to have fallen in love and entered into a relationship. The woman claimed that they lived together as husband and wife.
The woman initially filed a complaint before the Kerala Women’s Commission and the latter ordered the respondent to undergo a blood test for DNA examination but it did not materialise due to the petitioner’s non-co-operation.
Subsequently, when the woman approached the Family Court, in Ernakulam, the petitioner denied marital relationship as well as cohabitation with the woman and refused paternity too.
The family court then directed the petitioner to undergo a blood test for DNA verification.
This prompted the petitioner to approach the High Court.
The petitioner contended that the woman was leading a loose life and was trying to humiliate him so as to extract money.
But the court after going through evidence and precedents said that there was prima facie evidence of long cohabitation between a petitioner and the woman and held that the order for DNA test of the petitioner to determine the paternity of the child cannot be thrown aside and dismissed the petitioner’s appeal and upheld the family court order.
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