ASIYA Vs. HAMEED

JUDGEMENT

(1.) The appellant herein was the respondent and the respondent herein was the petitioner in O.P. No. 236 of 2000 on the file of the Family Court. Manjeri. The subject matter of the controversy in this appeal is regarding the parentage of one Irfana Thasni, the daughter born to the appellant.

(2.) The facts of the case, in succinct, are as follows:

(3.) The appellant/resppndent filed a counter affidavit stoutly reefing all the allegations and averments in the petition. According to her, four children, including Irfana Thasni, were born in her wedlock with the respondent/petitioner, She admitted that the respondent/petitioner had been abroad and that he returned to the native place during May, 1996. However, it is pertinent to note that in the counter affidavit she had denied the averments that he had gone back to Saudi Arabia |n September, 1996, that he was arrested by Jidda police and detained in prison-during May, 1997 and that he was sent back to India in May, 1997 on the strength of a temporary Passport. She had specifically denied the averment regarding non access and ascertained that she was residing with the respondent in his house till she was taken to the Medical College Hospital, Malappuram for delivery of Irfana Thasni. She, however, contended that the Original Petition was filed solely with the intention to avoid payment of maintenance to herself and the said child Irfana. After a careful consideration of the contentions on either side, the Family Court formulated the following points: