SWAPAN GIRI Vs. JHARNA PRADHAN

JUDGEMENT

(1.) This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure assailing the order dated 24.11.2008 passed in M.R. Case No. 64 of 1999 by the learned Additional Chief Judicial Magistrate, Jhargram whereby and whereunder the learned Magistrate allowed the application under section 125 Cr. P.C. and directed the OP to pay maintenance for the child @ Rs.500/- per month.

(2.) The O.P. No. 1 filed an application under Section 125 Cr.P.C. before the learned Magistrate contending, inter alia, that the petitioner herein was a co-villager and love affairs developed between them. The petitioner herein took the O.P. to his house on several occasions and proposed to marry her. There was cohabitation between them. The O.P. conceived as a result of such cohabitation. When the O.P. disclosed the fact of her pregnancy, the petitioner refused to marry her and on 23rd Agrahan the O.P. gave birth to a child. The O.P. filed a criminal case against the petitioner which was sent to the P.S. bearing G.R. No. 558 of 1998. The O.P. has no income of her own and the petitioner herein is liable to pay maintenance for the child. The petitioner has landed properties and business earning about Rs.8,000/- per month.

(3.) The petitioner herein filed written objection against the prayer for maintenance under Section 125 Cr.P.C. contending, inter alia, that he did not know the O.P. herein and there was no love affairs or cohabitation with the petitioner. It has been contended that he is not the father of the child. The father of the petitioner herein died and as his mother was sick, the marriage of petitioner took place during his early age. The G.R. case No. 558 of 1998 was filed falsely by the O.P. against this petitioner. The O.P. is aged about 40 years and the petitioner is a minor. The petitioner is a member of the C.P.M. Party and there was rivalry with the local Congress Party. The members of the rival political group has set up the O.P. herein to harass the petitioner. It has been contended that the O.P. herein used to mix with so many male persons at different times.