BISWAJIT SAHA Vs. STATE

JUDGEMENT

(1.) The present case arises out of an application under Section 401/397 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) It is directed against the Order dated 13.9.2010 passed by the learned Judicial Magistrate, First Class, Nadia in Misc. Case No. 234 of 2007 under Section 125 of the Code of Criminal Procedure allowing the maintenance in favour of Jayanti Saha. The relevant facts of the present case are, in a nutshell, as follows:

(3.) The opposite party No. 2 as petitioner initiated a proceeding for maintenance under Section 125 of the Code of Criminal Procedure against her father praying for maintenance of Rs. 1500 p.m. as her mother who was also a minor had no independent source of income and was unable to maintain the petitioner. The said case was registered as Misc. Case No. 234 of 2007. In the said Misc. Case, the petitioner viz. Jayanti Saha alleged inter alia that Biswajit Saha committed rape on her mother viz. Shukla Debnath who was then also minor; as a result, she became pregnant and ultimately, she gave birth to the petitioner/O.P. No. 2 herein. Accordingly, she was the illegitimate daughter of Biswajit Saha and was entitled to get maintenance as per the provisions of Section 125 of the Code of Criminal Procedure, 1973.