MOHAN Vs. REKHA

JUDGEMENT

(1.) PETITIONER and one Geetha Bai got married on 4-5-1993. On account of certain differences between the petitioner and his wife, he filed M. C. No. 13/1998 for dissolution of marriage. On 13-8-1998 petitioner and his wife filed a compromise petition in M. C. No. 13/1998 and accordingly the marriage came to be dissolved. In terms of the compromise the petitioner has paid a permanent alimony of Rs. 35,000/- to his wife Geetha Bai. Thereafter, the respondent herein claiming to be the daughter of the petitioner filed Crl. Misc. No. 61/1999 on the file of the Civil judge (Junior Division) and JMFC, Haveri for grant of maintenance under Section 125, Cr. P. C. In this Crl. Misc. 61/1999 the petitioner entered appearance and filed objections inter alia contending that the respondent is not his daughter. Before the trial Court, the respondent got examined two witnesses as PWs. 1 and 2 and got marked documents as Exhs. P1 to P4. On the other hand, the petitioner has not adduced any evidence nor produced any documents.

(2.) THE trial Court on appreciation of the material on record concludes that the respondent is'the daughter of the petitioner and directed to pay monthly maintenance of Rs. 300/ -. Aggrieved by this order of the trial court, the petitioner filed a Criminal Revision petition in Crl. R. P. No. 90/2004 on the file of the Sessions Judge at Haveri. By a reasoned order, the revisional Court dismissed the revision petition filed by the petitioner under the impugned order dated 2-7-2005 but granted a monthly maintenance of Rs. 200/-to the respondent. Aggrieved by this order of the trial Court, the petitioner is before this court.

(3.) HEARD the arguments on both sides and perused the petition papers.