PANCH RAM Vs. RAM PRASAD LODHI

JUDGEMENT

(1.) AN innocent, hapless and meek child Panch Ram, after having lost his identity as son, though illegitimate, of non-petitioner Ram Prasad Lodhi, in the corridors of Court's below, has knocked the doors of this temple of justice, through this revision petition, with few rays of hopes in his little eyes, for a declaration of his paternity and his entitlement to receive maintenance from his father Ram Prasad Lodhi.

(2.) PETITIONER No. 2 Bhagaiya Bai filed an application under Section 125, Cr. P. C. claiming maintenance from non-petitioner Ram Prasad Lodhi, for herself and her minor child, petitioner No. 1 Pandi Ram. In the application it was stated that after obtaining divorce, in the customary form of 'chhod chhuti' from her first husband, Bhagaiya Bai developed relations with non-petitioner Ram Prasad Lodhi. It was further stated that Bhagaiya Bai on account of these relations became pregnant, and on me advice of the non-petitioner, die said pregnancy was got terminated. In due course, Bhagaiya Bai again became pregnant. At me instance of the villagers, a Panchayat was convened, wherein Bhagaiya Bai disclosed mat she had become pregnant on account of her relations with the non-petitioner. Though the above fact was denied by the non-petitioner, but in pursuance to the decision of the Panchayat, Bhagaiya Bai was allowed to remain in his house, where she gave birth to petitioner No. 1 Panch Ram.

(3.) THE Trial Court, on appreciation of the evidence led by the parties, found that Bhagaiya Bai could not prove her status of 'legally wedded wife' of non-petitioner Ram Prasad Lodhi, and as such she was not entitled to grant of maintenance. The Trial Court however, found it proved that petitioner No. 1 Panch Ram was an illegitimate child of the non-petitioner and, therefore/granted him maintenance of Rs. 150/- per month, until his attaining the age of majority. The maintenance was made payable from the date of application, which was filed on 10. 9. 1987.