CHATURBHUJ Vs. AMAR

JUDGEMENT

(1.) THIS petition under section 482 of the Cr. P. C. is directed against the order dated 8. 12. 2004 passed by the 1st additional Sessions: Judge, Mahasamund in Criminal Revision No. 309/2003 reversing the order dated 19. 6. 2003 passed by the judicial Magistrate First Class, Saraipali in Misc. Criminal Case No. 98/2002; whereby learned Judicial Magistrate First Class has dismissed application for the maintenance filed under Section 125 of the Cr. P. C. by the respondent. While reversing the order of the trial Court, learned Additional Sessions judge has allowed the petition on the ground that the respondent is an illegitimate child of the petitioner and awarded rs. 700 maintenance per month.

(2.) ORDER is challenged on the ground that without any prima facie evidence of long relation of the petitioner with mother of the respondent i. e. Vilasini or any factum of marriage, learned revisional Court has awarded maintenance and thereby committed illegality.

(3.) BRIEF facts leading to filing of this petition are that according to the case of the respondent, mother of the respondent namely Vilasini was having love affairs with the petitioner and on the pretext of marriage, the petitioner used to commit sexual intercourse with her and finally, the petitioner was solemnized marriage with mother of the respondent in a temple. She conceived as a result of physical relation with the petitioner and when she requested the petitioner for marriage, the petitioner refused on which she lodged report against the petitioner. Ultimately, Sessions trial for the offence committed under Section 376 of the I. P. C. was tried and the petitioner was acquitted of the charge. Mother of the respondent delivered the respondent. The respondent filed an application for maintenance as an illegitimate child of the petitioner, through his mother. The petitioner has contested the application. After affording opportunity of hearing, learned Judicial magistrate First Class, Saraipali, dismissed the application for maintenance filed under section 125 of the Cr. P. C. The present respondent preferred a revision against the said order, the same was reversed and maintenance was granted vide the order impugned.