ANIL KUMAR Vs. TURAKA KONDALA RAO

JUDGEMENT

(1.) The order in MC No. 11 of 1995 on the file of Family Court, Vijayawada, dated 21-12-1995 refusing maintenance to the petitioner holding that the petitioner failed to establish that the respondent is his putative father and hence there is no obligation to maintain the petitioner upon him, is assailed in this Criminal RC.

(2.) The facts in brief arc that the petitioner's mother and her sister were taken away by the respondent who was working as Station Superintendent of Bellamkonda Railway Station during 1989-90 with the permission of their father. It so happened that the mother of petitioner's mother died and hence the respondent approached her father asking him to send both these girls with him. Accordingly the petitioner's mother and her sister were lodged in the Railway quarters where he was residing with his wife. He did not be get any children through his wife. Some time later he shifted the mother of the petitioner and her sister to a rented house at Nadikudi. It is the case of the petitioner that the respondent developed illicit intimacy with his mother and kept her as his wife. The petitioner was born on 7-12-1990 at St. Joseph's Hospital, Guntur. He sought for maintenance of Rs.500.00 per month on the ground that the respondent was drawing a salary of Rs.3,500/ - and he owned a house at Winchipet, Vijayawada worth Rs.3 lakhs. The respondent resisted the petition denying the above allegations. He contended that the mother of the petitioner developed illicit intimacy with one Sanjeeviah, Inspector of Works, South Central Railway, Nadikudi and one Patnaik, Assistant Station Master at Bellamkonda Railway Station.

(3.) The parties adduced evidence in support of their respective versions. PW1 M Solomy is the mother of the petitioner; PW2K- Ramaiah is her father and PW3 Miryala Pal is a neighbour. Exs.P1 to P8 have been marked on behalf of the petitioner. In rebuttal the respondent examined himself as RW1. Besides his own evidence, he also examined RWs.2 to 4 to substantiate his case and he got Exs.R1 to R6 marked.