MANOJ KUMAR GAUTAM Vs. LAXMI BAI

JUDGEMENT

(1.) THE petitioners seek quashment of orders dated 17-7-2001, passed by JMFC, Seoni, in M. Cr. C. No. 250/2001, wherein, he granted interim maintenance to respondent No. 2 at the rate of Rs. 350/- per month and the order dated 4-2-2002, wherein, the 1st A.S.J. Seoni, negatived the petitioner's challenge to aforesaid order in Criminal Revision No. 111/2001, filed on behalf of this petitioner.

(2.) IT is an admitted fact that respondents filed maintenance petition under section 125 of the Criminal Procedure Code against this petitioner in the Court of C.J.M., Seoni, which was registered as M.J.C. No. 250/2001 and by impugned order dated 17-7-2000, the learned J.M.F.C., Seoni, to whom the case stood transferred, granted interim maintenance to respondent No. 2 at the rate of 350/- per month.

(3.) IT is argued on behalf of this petitioner that in the absence of proof of paternity, the learned J.M.F.C. was not justified in granting maintenance to respondent No. 2, who is alleged to have been begotten on account of rape committed by this petitioner on respondent No. 1, who is not the legally wedded wife.