AHALYA BARIHA ALIAS BARIHANI Vs. CHHELIA PADHAN

JUDGEMENT

(1.) Petitioner assails correctness of order passed by the learned Additional Sessions Judge, Bargarh, holding that the petitioner had failed to establish that she was entitled to any monthly allowance, for an illegitimate child, from the opposite party. The learned Subordinate Judge and Judicial Magistrate, first class, Padampur, had granted such allowance, which was reversed in revision by the learned Additional Sessions Judge.

(2.) Petitioner claimed Rs. 50/- per month from the opposite party on the ground that latter was father of her illegitimate child, which was born out of illicit sexual relationship between them. Petitioner examined four witnesses to further her case, while opposite party examined five. Two documents were exhibited by petitioner purporting to show that the village committee had accepted the relationship between the parties, and the birth of the child was from their illicit sexual relations. The trial court accepted the prayer. The learned Additional Sessions Judge reversed the order holding that in order to be entitled to maintenance in terms of S. 125(1) of the Code of Criminal Procedure, 1973 (in short 'the Code'), it has to be established by credible evidence, corroborating the assertions of paternity of the child. According to him, the materials on record did not establish it.

(3.) The learned counsel for the petitioner submits that there has been improper evaluation of evidence on record, and material evidence has been kept out of consideration. According to him, the two documents containing decisions of the village committee have been misinterpreted and though they establish the case of the petitioner beyond a doubt, they have been erroneously held to be irrelevant.