GOKUL RAM Vs. KUMARI SANTA BAI

JUDGEMENT

(1.) This revision by the applicant is directed against the order dated 15-6-1984 passed by Judicial Magistrate First Class, in Miscellaneous Criminal Case No. 10 of 1982.

(2.) An application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code), claiming maintenance for the minor illegitimate daughter was filed. She is the daughter of Hirondibai who sometimes in or about the year 1980-81 had come to village Karguda to earn her livelihood and stayed with her sister. This sister had been married to Jugul, who was a fisherman. Present applicant Gokulram is also a resident of Karguda. It is alleged that Hirondibai, her sister and Gokulram together used to do fishing. Thus, the present applicant Gokulram came in close contact with Hirondibai and developed illicit intimacy with her. As a result of this, the present non- applicant Saritabai was born to Hirondibai from present applicant Gokulram. Maintenance at the rate of Rs. 200/-per month for Saritabai was claimed.

(3.) Present applicant Gokulram while admitting that Hirondibai had come to Karguda and stayed with her sister, denied his having developed-alleged illicit intimacy with Rirondi Bai and Saritabai having born from him. He also denied that Hirondibai used to go for fishing with him and alleged that she used to 80 for that purpose with Jugul. He further alleged that when Hirondibai is a state of pregnancy went from Karguda to Saloni to her fathers house and their learning about it a SAMAJIK BAITHAK was held there on 31.5.1981 where Hirondibai stated that she has conceived from Jugul the husband of her sister. According to him he is being implicated at the instance of Jugul with whom Hirondibai was still living. He also denied the allegations about his monthly income. As bas been stated his average monthly income is Rs. 100 to Rs. 125.