Bench remits the matter to trial court for DNA test
MADURAI: Thirty-four-year-old M. Mahalakshmi of Umayalpuram in Thanjavur district is a distressed woman.
She has been struggling for more than 16 years to establish her marital status and the paternity of her 15-year-old son.
She lodged a police complaint on January 13, 1992 against her supposed husband under Section 493 (cohabitation caused by a man by deceitfully inducing a belief of lawful marriage) of the Indian Penal Code.
After a prolonged trial, the Papanasam Judicial Magistrate acquitted the accused on August 28, 1996, relying upon a serological test carried out on a sample of bodily liquids like blood serum, semen and saliva.
Immediately, she filed an appeal before the principal seat of the Madras High Court in Chennai in 1997 which was transferred to the Madurai Bench three years ago and placed before Justice P. Murgesen for final disposal on Tuesday.
The appellant’s counsel, N. Tamil Mani, argued that the Magistrate should not have given credence to the serological test, as it was not reliable in cases of this nature.
Case back to Magistrate
Convinced with the argument, the Judge remitted the case back to the Magistrate for fresh consideration after ordering a DNA test to find out the relationship between the complainant’s son and supposed husband.
The Judge said that a DNA test would be a better option to give a conclusive finding in the case.
According to Mahalakshmi, she and her neighbour were closeted in a sugarcane farm on March 29, 1988 when he tied a ‘thali’ (nuptial knot) around her neck.
Thereafter she had sex with him on the assumption of being his wife.
But, when she became pregnant in February 1991, the neighbour disowned her before village elders.
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