IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 OP (FC).No. 2247 of 2011(R) --------------------------- AGAINST THE ORDER IN IA.1363/2011 IN OP(IDA.)1270/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER -------------------- AJITH S., AGED 31 YEARS, S/O.SASIDHARAN NAIR, BINU VILASAM, PULLIVATTOM, KARIMANKODU P.O., PACHA PALODU, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE SMT.BINDU B.NAIR RESPONDENT -------------------- MONISHA, AGED 28 YEARS, D/O.MOHANAN NAIR, NEAR N.S.S. H.S., PERINGAMALA, PACHA, PALODU, THIRUVANANTHAPURAM, PIN-695563. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb OP (FC).No. 2247 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE PETITION FILED AS O.P.NO.1270/2009 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM EXT.P2:- COPY OF THE RECORD OF LEAVE OF THE PETITIONER EXT.P3:- COPY OF THE PETITION FILED AS I.A.NO.1363 OF 2011 IN OP NO.1270/2009 ON THE FILES OF FAMILY COURT, THIRUVANANTHAPURAM EXT.P4:- COPY OF THE OBJECTIONS FILED BY THE RESPONDENT IN I.A.NO.1363/2011 IN OP NO.1270/2009 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb THOTTATHIL B. RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ------------------------------------------------ O.P.(F C) No.2247 of 2011 ------------------------------------ Dated this the 14th day of July 2011 J U D G M E N T Thottathil B. Radhakrishnan, J. The petitioner applied for divorce. He challenges the paternity of a child and sought a direction facilitating a DNA test. The wife refutes the allegations. But, in her objections to the application in re DNA test, she contended that she is prepared to undergo that test on condition that if by recourse to that test and Sec.112 of the Evidence Act, it is found that the petitioner is the father of the child, she should be paid `Ten lakhs as compensation for the defamatory statements in the pleadings. 2. Before us, the petitioner seeks a direction for expeditious consideration of the application for DNA test. What persuades us is the fact that he is serving the Indian Armed Forces in Utharanchal. We therefore, are of the O.P.(F C) No.2247 of 2011 -: 2 :- view that any request by him for expeditious disposal of the interlocutory application seeking direction for DNA test and also any request for final disposal of the main matter may be considered by the Family Court most sympathetically. We therefore direct the petitioner to produce a copy of this judgment before the Family Court and seek appropriate further orders. Original Petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt