GOVIND PAL SINGH Vs. REKHA

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri Subodh Kumar learned Counsel for the revisionist and the learned A. G. A.

(2.) RESPONDENT Smt. Rekha filed Criminal Misc. Petition under Section 125, Cr. P. C. before the Judge, Family Court, Bareilly, decided by Sri M. S. Raizada, claiming maintenance for herself and her two minor male children said to be born from the petitioner. The petitioner contested the maintenance petition. He admitted marriage with respondent No. 1 as also birth of the first male child. He, however, vehemently disputed the birth of the second child from him and specifically alleged that the second child was not born from him and was an illegitimate child.

(3.) WHILE admitting the petition by or der dated 1-4-1997 it was made clear that so far as first child Raj Kumar is con cerned, there is no illegality in the im pugned order and the petition in respect of the maintenance allowance granted by the Court below to Raj Kumar is dismissed. Therefore, the order of maintenance al lowance granted lo Raj Kumar stands; confirmed by order dated 1-4-1997. As regards the other child said to be born on 28-11-1990, the matter is sent back to the Court below with a direction lo give a specific finding if the second child was born from the petitioner and there after decide the matter afresh in the light of the observatins made above. Court below shall dispose of the matter within six months. Copy of this order shall be made available to the petitioner's Counsel within a week from today on payment of usual charges. Revision allowed .