MANISH KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by petitioner under Sec. 397/401 read with Sec. 482 Cr.P.C for setting aside/quashing the impugned order dtd. 13/12/2022 passed by Ld. Judge, Family Court-02, South West, Dwarka, New Delhi, by virtue of which, the petitioner herein was directed to pay ad-interim maintenance @ of Rs.2000.00 per month till further order.

(2.) It is submitted by the learned counsel for the petitioner that the petition filed by the respondent no.2 under Sec. 125 Cr.P.C is not maintainable as the petitioner had never married the mother of the respondent no.2 and no document with regard to marriage of mother of respondent no.2 with the petitioner had been filed on record and even the date of marriage was not disclosed in the maintenance petition filed below. It is further submitted that the learned Family Court has failed to appreciate that the petitioner is not the biological or the natural father of respondent no.2 and the respondent no.2 does not fall under the category of legitimate /illegitimate child of the petitioner, therefore, the petitioner is under no obligation to maintain the respondent no.2.

(3.) It is further submitted by the learned counsel for the petitioner that the mother of respondent no.2 had filed an FIR bearing no.287/2020 under Sec. 376 IPC and in her statement she had stated that petitioner had committed the alleged offence on 11/8/2019 and whereas as per the MLC annexed with the chargesheet, the date of LMP of mother of respondent no.2 is 26/8/2019 which clearly shows that mother of respondent no.2 was not pregnant and the mother of respondent no.2 cooked up a false story.