BILLAL HOSSAIN Vs. SAHENA @ AMBIA KHATUN; NABI MIAH

JUDGEMENT

(1.) By means of this petition the petitioner Shri Billal Hossain (Miah) has challenged the order of the Family Judge dated 20th May, 2009 whereby he awarded maintenance @ Rs.500/- per month in favour of the minor son of the petitioner namely Nabi Miah who is residing with his mother Smti Sahena alias Ambia Khatun. The mother, Saheha had filed a petition under Section 125 Cr.P.C on 20th August, 2007 claiming maintenance for herself and her minor son on the allegation that Billal Hossain was her husband and out of this wedlock the minor had been born.

(2.) The learned Family Court vide the impugned judgment came to the conclusion that there was no valid marriage between the parties and also came to the conclusion that the lady was not lawfully married and there was no promise of marriage but she voluntarily had sexual relations with the man. He, therefore, decided the petition against the wife but held that the child is entitled to maintenance @ Rs.500/- per month.

(3.) This order was challenged before this Court. On 18th August, 2014 the parties through their counsel had stated before this Court that the matter has been compromised and settled. This Court had, however, refused to accept the compromise because the rights of a minor child were involved. The petitioner-father had alleged that the child is an illegitimate child and the legitimacy of the child could not be settled by any proceedings outside the Court. The wife had given up all rights of maintenance. She being an adult may do whatever she wants to do. However, as far as the minor is concerned this Court has to watch the interest of the minor and cannot just accept a settlement arrived at between the parties without ensuring that the benefit of the minor has been taken care of.