A Supreme Court division bench, led by Justice Madan B Lokur, has dismissed a plea filed by a woman claiming to be the biological daughter of the late Jayalalithaa, former Chief Minister of Tamil Nadu, saying the petition under Article 32 cannot be maintained.
The court however, allowed 37-year-old Amrutha alias Manjula, presently residing in Bangalore, to move the high court.
The petitioner said she was born in 1980 and was adopted by Jaylalithaa’s sister Shylaja and her husband Sarathy, who are no more. The fact was revealed to her by some relatives who were witness to her adoption. It was only after the death of Jayalalithaa that she came to know this fact.
Appearing for her, senior advocate Indira Jaising, while answering the bench’s query as to why she has not moved her plea for DNA test before the Madras High Court, submitted that because of the fragile political situation in the state, her client apprehended danger to her life.
“She has the right to know about her paternity,” Jaising said adding that the petition was filed in a very stressful situation. If it is filed in Chennai, it will create threatening situation for her. The matter needs to be heard in isolation, she said.
“The petitioner is seeking remedy under Article 32 of the Constitution of India for a declaration of the same through an identifiable method to know the maternity i.e., through deoxyribonucleic acid (DNA) test which is to be undertaken by any institute of national repute to ascertain and establish the maternity of the Petitioner,” the petition said.