IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37811 of 2008(S) -------------------------- PETITIONER(S): --------------- M.P.VASUDEVAN, S/O.KRISHNAN, MELAPURAKKAL HOUSE, THALAKAPPU, CHEPPANANGADI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- PATTIPARAMBIL SUSHEELA, D/O.VELAYUDHAN, CHEMATHATTA, KEEZHATTUR P.O., MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37811 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008. JUDGMENT Raman, J. This writ petition is filed by the petitioner in O.P.No.410/2007 on the file of the Family Court, Malappuram. That was filed disputing the parentage of the 4th child born to his wife Susheela. In that O.P., an I.A. was filed for conducting a D.N.A. test. Since there is no primary evidence regarding non-access raising any suspicion regarding the parentage of the child at this stage, the court below declined the prayer, however, reserving the right of the petitioner to seek review of the order after letting in evidence to prove non-access and the prayer will be considered then. Aggrieved thereby, this writ petition is filed. The finding of the court below that at this stage the court cannot interfere, is not liable to be interfered with. At the same time, the question of permitting the petitioner to seek a review after adducing evidence, is a part of the order which requires, however, some modification by way of clarification. Since the court below declined the prayer in the absence of any evidence to prove non-access, without seeking any review, it will be open to the petitioner to seek the WPC 37811/2008 -2- prayer for conducting a D.N.A. Test at a later stage, after adducing evidence regarding non-access. With the above clarification, the writ petition is disposed of. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/