The Madras High Court today held that DNA test is necessary to know if a person is the biological father of a child, from whom the mother has sought maintenance.
Justice S Nagamuthu made the observation while allowing a petition filed by a man named Senthil Andavar and stated that when the petitioner was claiming that he was not the biological father of the child in question and he was not liable to pay maintenance, DNA test was necessary.
The petitioner has to prove his point that he had no access to Muthumari, as he got married to another woman and was living with her.
A judicial magistrate court had earlier dismissed the plea of the petitioner on the ground that the question was purely civil in nature.
The judge said the fundamental question in this case was whether the petitioner was the biological father of Mathumari's second daughter Maris. When there is denial, then the child may be subjected to DNA test. "In this case since there is no conclusive proof of paternity of the child. It is absolutely necessary to send the child for DNA examination," the judge said.
However, the expenses for the DNA test had to be borne by the petitioner, the judge said and set aside the order the judicial magistrate.
The judge gave a direction to the magistrate to forward the petitioner's request for the DNA test of his child in question to the authorities. The test should be completed in three months and on receipt of it the trial court could dispose the maintenance case, the judge said.
The petitioner submitted that he had a relationship with Muthumari after she divorced her husband and their first child Sakthivel was born to him. But the second child was not born to him and he could give maintenance for the second child.
