The Madras High Court has dismissed a criminal revision petition, filed by the biological father of a minor girl seeking to set aside a judicial magistrate's order dismissing his plea for a fresh DNA test.
Dismissing the plea, Justice R Mala of the bench said the DNA test had already been conducted through a court of law and it was held that the petitioner, Vannathamilan, was the biological father of the girl whose mother was raped by him in 2004.
The girl filed a case at the magistrate court seeking maintenance from Vannathamilan. The court ordered a DNA test and after the report confirmed that Vannathamilan was the biological father, it ordered maintenance.
The petitioner sought to set aside the order of the judicial magistrate court as he had been acquitted in the rape case in 2005. He also sought a fresh DNA test to prove his innocence.
The judge observed that only to get rid of the liability, the revision petitioner had come forward with the application for conducting the DNA test afresh.
The trial court was right in ordering for DNA test and maintenance for the girl after receiving the report, she said.
The petitioner is now trying to confuse the court of law and to delay the payment of maintenance to his child, the judge said and refused to interfere with the judicial magistrate's order and also for a fresh DNA test.
