KOCHI: There seems to be no end to the legal tussle between actor Lissy and N D Varkey of Aluva who claims to be her father. In a fresh bid, Varkey has moved the Kerala High Court seeking to conduct DNA test on him and Lissy to prove paternity. The court on Wednesday issued notice to Lissy, District Collector and Revenue Divisional Officer who is the Tribunal for Maintenance and Welfare of Parents and Senior Citizen.
According to Varkey, he had produced the agreement for marriage executed between him and his wife Elizabeth alias Eliyamma before the Tribunal in proof of marriage and birth of Lissy whose original name was Mary. He had also expressed his desire to undergo DNA test. However, his application for a directive to conduct DNA test was disposed of by directing the parties to approach competent forum to decide the issue of paternity. The Tribunal had also held that DNA test was not within its powers.
The fact that Lissy was born to Elizabeth during the subsistence of the marriage is not disputed. The tribunal ought to have decided the paternity of Lissy under Section 112 of the Evidence Act. It had defeated the provisions of the Act. He had also filed a petition before the District Collector against the Tribunal order. The petitioner also sought an interim prayer for a directive to the actor to pay Rs 10,000 as interim maintenance during the appeal. However, no order had been passed.
The appeal was bound to dispose within one month under Section 16 of the act. He was bedridden for last two years due to stroke and accident. The petitioner required medicine, food and other treatment. If interim maintenance was not granted immediately, the petitioner could not survive. The petitioner also sought a directive to Lissy to pay a monthly maintenance of Rs 10,000. The petitioner pointed out that the High Court had directed Lissy to pay the maintenance arrears due from March 3, 2015, to Varkey. The directives were passed on a petition filed by Lissy challenging the order passed by the Muvattupuzha RDO. It had ordered Lissy to pay her father Rs 4,500 per month for his daily expenses and Rs 1,000 for medicines from January 1, 2010, until further orders. The RDO upheld the order and asked to pay the arrears to Varkey. The High Court while issuing directive had directed the Tribunal to reconsider its directive to pay arrears from 2011. Lissy had earlier submitted that the baptism certificate, SSLC certificate and passport will show that the claims of Varkey are wrong. She also alleged that Varkey has been living with one Omana for the past 30 years and he has got sufficient income.
