IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 RPFC.No. 157 of 2008() ---------------------- MC.23/2005 of FAMILY COURT, KASARAGOD .................... : REVISION PETITION/RESPONDENT --------------------------------------------- RAMESHAN, AGED 35 YEARS, S/O.NARAYANAN RESIDING AT THOTTUKARA, UDINOOR VILLAGE HOSDURG TALUK, KASARAGOD BY ADV. SRI.T.MADHU SRI.M.THAMBAN RESPONDENTS: PETITIONERS AND STATE ---------------------------------- 1. NANDU REMESHAN, AGED 5 YEARS S/O.P.BINDU, MINOR, REP. BY HIS MOTHER AND NEXT FRIEND P.BINDU, D/O.CHALIYAN RAGHAVAN THETTUKARA, UDINOOR VILLAGE, HOSDURG TALUK KASARAGOD 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.JAWAHAR JOSE FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ R.P.F.C. No.157 of 2008 ------------------------------------- Dated this the 14th day of July, 2008 ORDER Petitioner in this revision petition assails the order passed under Section 125 Cr.P.C obliging him to pay maintenance @ Rs.1,500/- per mensem to the claimant, an illegitimate child, born to his mother, with whom the petitioner did admittedly have sexual intercourse. 2. According to the petitioner, he had sexual intercourse with the mother of the claimant child only once and the child was not begotten in such sexual relationship. Before the court below there was an offer to get the D.N.A test conducted. But no steps were taken to get the D.N.A test conducted. It is, in these circumstances, that the learned Judge of the Family Court proceeded to pass the impugned order. 3. When this matter came up for hearing, the learned counsel for the petitioner submits that now the petitioner is undergoing imprisonment for default in payment of the amount due. He wants the D.N.A test to be conducted now. That would once and for all resolve the controversy about the paternity of the claimant. The petitioner is willing to meet all expenses for the conduct of such test. If it is found that the petitioner is the father R.P.F.C. No.157 of 2008 2 of the claimant child, he is willing to pay maintenance to the child also on reasonable terms. In these circumstances, the petitioner may be permitted now to get the D.N.A test conducted. 4. Interim directions were issued on 06.06.08. The respondent has entered appearance. On behalf of the claimant's mother and guardian it is submitted that she would also like to have the controversy resolved authentically. The D.N.A test may be conducted, that will only confirm that the petitioner is the father of the child and once and for all that controversy can be settled to the advantage of all concerned. But the respondent submitted that the petitioner may be asked to meet the expenditure for the conduct of the D.N.A test. 5. That offer was readily accepted as directed by this Court and the report of the learned Judge shows that an amount of Rs.20,000/- (Rupees Twenty thousand only) for the conduct of the D.N.A test has already been deposited before the Family Court. In these circumstances, I am satisfied that the impugned order can be set aside and the learned Judge of the Family Court can be directed to dispose of the matter afresh after securing the report of the D.N.A test. 6. In the result: i) This revision petition is allowed; R.P.F.C. No.157 of 2008 3 ii) The impugned order is set aside; iii) The learned Judge of the Family Court is directed to get the D.N.A test conducted and thereafter pass fresh orders in M.C.No.23 of 2005. 7. It is made clear that if ultimately the claim for maintenance is allowed, the order must take effect from the date of the petition and not from the date of the order. If there is delay in securing the report of the D.N.A test, the claimant can move the learned Judge of the Family Court for issue of directions for payment of interim maintenance prospectively and the learned Judge may consider and issue such directions for payment of interim maintenance from the date of such application for interim maintenance. 8. The petitioner is said to be in custody. He shall be released from custody forthwith. The parties shall appear before the Family Court on 28.07.08. The learned Judge of the Family Court must make every endeavour to dispose of the case as expeditiously as possible - at any rate, within a period of 6 months from the date of obtaining the report of the D.N.A test. H/0 (R.BASANT, JUDGE) rtr/-