V ANANDAPPA Vs. V SHIVARAJU

JUDGEMENT

(1.) The Petitioner married the 2nd Respondent according to Hindu rites. They have not led a peaceful married life. Petitioner filed M.C. No. 14 of 1980 on the file of Civil Judge, Chikamagalur, against the 2nd Respondent under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (for short, 'the Act'), seeking decree of divorce. The petition was dismissed on 24-9-1985 as not pressed. The 2nd Respondent filed M.C. No. 2 of 1988 under Section 9 of the Act. After trial, the petition was allowed and a decree for restitution of conjugal rights was passed on 31-7-1989.

(2.) The 1st Respondent, a minor, has filed O.S. No. 189 of 2004 through her mother and natural guardian, for passing a decree to pay maintenance amount at the rate of Rs. 2,000/- per month. The Petitioner/Defendant has filed written statement inter alia contending that, Plaintiff is not his son, is an orphan and has been brought up by the 2nd Respondent and he is not liable to pay the maintenance.

(3.) Issues having been framed, trial has taken place. The 2nd Respondent has deposed as P.W. 1. Three other witnesses have also been examined. The Petitioner has deposed as D.W. 1 and he has also examined four other witnesses. Both parties have produced documents, which have been marked. Ex. P. 1 is a certificate issued by the Head Master, Jnanavahini Higher Primary School, Ramagiri-577 539 with regard to the admission to the school of the 1st Respondent/Plaintiff and Ex. P. 2 is a certificate issued by the school with regard to discontinuance of education by the Plaintiff from the school. Both records show the Petitioner to be the father of the Plaintiff.