T.Vinod v. Minor.Dhakshan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2000 of 2016 and C.M.P.No.10433 of 2016 T.Vinod S/o.J.Thiyagarajan .. Petitioner

Versus

Minor: Dhakshan (rep by mother & natural guardian - Ms.A.Meena) .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, against the order of learned II Additional Judge, Family Court, Chennai, passed in I.A. No.1093 of 2013 in O.S.No.265 of 2012 on 24.02.2016. For Petitioner :

Mr. K.Gajendiran For Respondent :

Mr. J.C.Durairaj *****

O R D E R

This revision challenges the order of learned II Additional Judge, Family Court, Chennai, passed in I.A. No.1093 of 2013 in O.S.No.265 of 2012 on 24.02.2016.

2. Respondent/plaintiff has filed O.S.No.265 of 2012 on the file of learned II

Additional Judge, Family Court, Chennai, seeking a declaration that the petitioner/ defendant is his biological father. Petitioner/defendant moved I.A.No.1093 of 2013 seeking rejection of the plaint. Court below, under the impugned order, dismissed such application. Hence, this revision.

3. Heard learned counsel for petitioner and learned counsel for respondent.

4. A bare reading of the plaint informs that the minor plaintiff seeks to establish that the petitioner/defendant is his biological father. This Court fails to see how he can be precluded from attempting to do so. The Civil Revision Petition shall stand dismissed. No costs. Connected miscellaneous petition is closed.

24.08.2016 Index: Yes/No Internet: Yes gm To The II Additional Judge, Family Court, Chennai.

C.T.SELVAM, J

gm C.R.P.(PD)No.2000 of 2016 24.08.2016