KU. TEMIN, DAUGHTER OF BHUKAN ALIAS BHUPENDRA KUMAR DEWANGAN Vs. BHUKAN ALIAS BHUPENDRA KUMAR, SON OF MANGLOO RAM DEWANGAN

JUDGEMENT

(1.) This revision has been preferred under section 19(4) of the Family Courts Act against the order dated 3.5.2006 passed in M.J.C. No.52 of 2005 by the 3rd Additional Principal Judge, Family Court, Durg by which the application under section 125 of the Code of Criminal Procedure, 1973 submitted by Applicant Ku. Temin has been rejected.

(2.) Case of Applicant Ku. Temin, aged about 6 months (on the relevant date), in brief, is that she moved an application for maintenance under Section 125 Cr.P.C., 1973 through her mother Ishwari Bai before the Family Court, Durg alleging therein that she is the daughter of Respondent Bhukan alias Bhupendra Kumar and, therefore, she may be awarded maintenance as the Respondent is negligent in maintaining her. It was alleged that the Applicant took birth on 15.6.2005 due to cordial relationship between Ishwari Bai (mother of the Applicant) and the Respondent. She also filed an application for interim maintenance along with the main application under Section 125 Cr.P.C., 1973

(3.) The Respondent appeared before the Family Court. He filed a preliminary objection on 28.4.2006 alleging therein that the Applicant is not his daughter as the mother of the Applicant Ishwari Bai had lodged First Information Report on 20.4.2005 before Police Station Ranitarai for an offence under Section 376 of the Indian Penal Code that on 5.12.2004 the Respondent had committed rape/sexual intercourse with Ishwari Bai. It is further stated in the preliminary objection that the medical report dated 21.4.2005 shows that she was carrying 30 weeks' pregnancy and accordingly the Lower Court finally dismissed the application under Section 125 Cr.P.C., 1973 vide the impugned order dated 3.5.2006.