MADURAI: The Madurai Bench of Madras High Court on Friday quashed the petition filed by a couple, before Melur Judicial Magistrate court, seeking maintenance from actor Dhanush, whom they claimed was their son.
Justice P N Prakash held that "the couple-R Kathiresan and Meenakshi, from Melur in Madurai, had failed to produce documents to prove how their son Kalaichelvan metamorphosed into the actor Dhanush. The court said the evidence to prove a prima facie case was "miserably missing".
That being the case, a DNA test cannot be ordered, the court said, quoting the Supreme Court judgments that the person who wants a DNA examination to be conducted should make out a prima facie case for the court to exercise its power. As the parentage could thus not be established, the Melur couple have no claim to maintenance from Dhanush, the court held, dismissing their petition.
The court pointed to the gaps in the evidence presented before them. While the Melur couple's missing son had registered himself at the Employment Exchange on June 17, 2002, Dhanush's debut film Thulluvadho Ilamai was certified by the Central Board of Film Certification (CBFC) on March 15, 2002. The document (Employment Exchange registration certificate) showed that their son, Kalaichelvan, was unemployed in June 2002 but Dhanush was by then already engaged in the film industry, said the judge.
A letter which was left by the couple's son before leaving his school showed that their son Kalaichelvan did not inform them that he was going to join the film industry, as claimed by them, the judge added.
Besides, the judge pointed out that Dhanush never went into hiding since he entered the film industry. Even his wedding to Aishwarya, superstar's Rajinikanth's daughter, too was made public. That being so, what steps did the couple take to reach him, the judge asked.
Moreover, the School Transfer Certificate and Birth Certificate of their son have different dates of birth. With many gaps in the documents produced by them, the court came to the conclusion that the couple had failed to make a prima facie case against Dhanush. In the absence of foundational facts, the court could not direct that a DNA test, the best way to prove paternity, be conducted, the court said while quashing the maintenance petition.
In his petition, Dhanush alias Dhanus