M A KAREEM Vs. AHMED ALI

JUDGEMENT

(1.) This revision is directed against the order of the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Judge, Hyderabad in MC.No. 68 of 1998 dated 21-5-2001.

(2.) The case of the prosecution is briefly stated as under: One Khaja Bee (P.W. 1) and respondents 1 to 3, who are minors represented through the said Khaja Bee as their natural mother, filed M.C.NO. 68 of 1998 before the trial court, alleging that the petitioner herein is the husband of P.W. 1 and father of respondents 1 to 3 and that he neglected to maintain them. They claimed maintenance from the petitioner herein at the rate of Rs. 500/- per month for each of them.

(3.) The petitioner had filed counter- affidavit denying the allegations made by the said Khaja Bee (P.W. 1) and respondents 1 to 3 herein. He asserted that P.W. 1 was not his wife at all and she is only the elder sister of his wife and that he is not the father of respondents 1 to 3 herein. Before the trial Court, P.Ws. 1 to 3 were examined for the petitioners therein and Exs.P-1 to P-4 were marked. The petitioner herein was examined as R.W.1. The trial court recorded a finding that the said Khaja Bee is not the wife of the petitioner. However, on the ground that the petitioner did not plead or establish as to whose children respondents 1 to 3 are, has drawn an inference that they are the children of the petitioner herein and accordingly directed the petitioner to pay maintenance at the rate of Rs. 300/- per month to the 1st respondent herein and Rs. 250/- each to respondents 2 and 3 herein.