RIYAS Vs. HASEENA @ VASIDA

JUDGEMENT

(1.) The claim for maintenance made by an illegitimate son under Section 125 Cr.P.C. was allowed by the Family Court, Palakkad as per the order dated 18.09.2009 in M.C.No.170 of 2008. The person liable to pay maintenance is the revision petitioner herein, and so he is aggrieved by the said order.

(2.) The claim was made by the illegitimate minor child through his mother, Haseena. Her case is that she had been in intense love with the revision petitioner herein, and this continued for some time. While so, he once visited her at her residence on 10.08.2001 when she was alone there, and subjected her to sexual intercourse. In the said solitary incident of intercourse against her will, she conceived, and she delivered of the claimant child on 20.05.2002. The revision petitioner was duly informed and was also requested to marry her. When he declined and washed his hands off the responsibility, Haseena made a complaint before the police alleging rape. On the said complaint, the police registered FIR, and after investigation submitted final report in court. The revision petitioner faced prosecution before the Court of Sessions, Palakkad in S.C.No.301 of 2004. On trial, the court found him not guilty, and accordingly he obtained an order of acquittal. In fact, Haseena waited with hope that the revision petitioner will marry her and accept the child as his, as promised by him, but in vain. In such a situation, she brought M.C.No.170 of 2008 against the revision petitioner herein, claiming maintenance for the said illegitimate son.

(3.) The revision petitioner entered appearance and resisted the claim with all vigour possible, and contended that he is not the father of the child. Of course, he would admit that he had acquaintance with the lady for a few years, but that apart, he had no connection or affair.