DIGAMBAR SAMAL Vs. NARMADA MOHANTY & ANR.

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner and he learned counsel for the opposite parties.

(2.) This revision is directed against the judgment and order dated 16.01.2014 passed by the learned Judge. Family Court, Kendrapara in Criminal Proceeding No. 428 of 2003 directing the petitioner to maintain the opposite parties claiming to be his wife and son and to pay monthly maintenance of Rs. 1000/- to opposite party no.1-wife and Rs.500/- to opposite party no.2-son from the date of application, adjusting the arrear maintenance paid .

(3.) It appears that the present opposite parties have filed the aforesaid proceeding under Section 125 of the code of Criminal Procedure ( for short "the Cr.P.C."), as according to the them, though the present petitioner had sexually assaulted the present opposite party no.1 but to keep the said sexual assault in secret and to save him from criminal prosecution, he made a promise to marry opposite party no.1 and married her in a temple and kept her as his wife, but some days thereafter when opposite party no.1 conceived and gave birth to opposite party no. 2, the petitioner refused to maintain her. The present petitioner in the aforesaid 125 Cr.P.C. proceeding denied the allegation that he had ever married to her and opposite party no.2 was born into their wedlock, rather he stated that opposite party no. 1 had raised false allegation of rape against him.