TARESH KUMAR Vs. SOHAN KUMAR

JUDGEMENT

(1.) This revision is directed against the order dated 30.11.2013 passed by Family Court, Korba in M.J.C. No. 100/2010 whereby the application under Section 125 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C." ) filed by respondent herein has been allowed granting Rs. 500/- monthly allowance for maintenance.

(2.) The application was filed by minor Sohan Kumar stating inter alia that marriage of Smt. Ratna was solemnized with Taresh Kumar applicant herein according to prevalent custom and the marital dispute between the parties was settled in M.J.C. No.179/2008 on 28.1.2009 before the Family Court and the Family Court directed them to live together, accordingly, the respondent's mother Smt. Ratna Bai started living with Taresh Kumar with effect from 16.02.2009; and became pregnant in the month of April, 2009 and thereafter, on the pretext of treatment, Taresh Kumar sent her to her parental house and, since then applicant has neither taken care of respondent nor respondent's mother; she was admitted to Govt. District Hospital, Korba on 8.1.2010 and on the same day, she delivered a male child namely Sohan Kumar, respondent herein, information of which was given by Smt. Ratna Bai over telephone to the applicant, despite that the applicant did not come there to see and did not care to maintain him leading to filing of the application as he is unable to maintain himself and the applicant is working in the BALCO and earning Rs. 8,000/- per month.

(3.) The applicant herein has filed reply and opposed the application and denied the paternity of minor Sohan Kumar.