DILIP DAS Vs. SMTI PUTUL DAS

JUDGEMENT

(1.) THIS Revision petition is directed against the judgment dated 31.01.2005 passed by the learned Additional Sessions Judge, Belonia, South Tripura whereby he allowed the petition filed by the respondent on behalf of her minor daughter praying that she be granted maintenance for the minor daughter.

(2.) THE lady Putul Das filed a petition under Section 125 Cr.P.C. in the Court of the learned Judicial Magistrate, 1st class, Belonia, alleging that she had sexual relations with Dilip Das (petitioner herein) since he had promised to marry her. When no marriage took place this lady filed a complaint before the police that she had been raped. In the said criminal case, the learned Additional Sessions Judge, Belonia vide his judgment delivered on 12.03.2003 came to the conclusion that though sexual intercourse had taken place between the lady and the petitioner, herein, the petitioner was entitled to be acquitted since the sex was consensual in nature. Therefore, the present petitioner was acquitted on the ground that the lady had consented to have sex with him. When he did not marry the lady nor did he maintain the child, which was born out of the sexual relationship, the lady filed a petition under Section 125 Cr.P.C. and the learned Magistrate rejected this petition on the ground that the judgment of the Criminal Court could not be relied upon and further that the evidence of the lady was not reliable since she willingly had sexual intercourse with the man without being married to him. On this ground the petition was rejected. The lady filed the Revision petition before the learned Additional Sessions Judge, Belonia, South Tripura which has been allowed and hence this petition.

(3.) I fail to understand the reasoning given by the learned Trial Court. Maintenance was being asked for the minor and assuming for the sake of argument that the mother i.e. the lady was immoral, that was not a ground to deny the maintenance to the minor child. From the evidence on record, it is more than obvious that the lady and the present petitioner had long term standing illicit relationship and out of this illicit relationship the minor child was born.