LAWS(ORI)-1985-4-1

DIBAKAR MENON Vs. PANKAJINI NAIK

Decided On April 06, 1985
Dibakar Menon Appellant
V/S
Pankajini Naik Respondents

JUDGEMENT

(1.) THIS revision is directed against the order dated 28. 6. 84 passed by the learned S.D.J.M., Bonai directing the petitioner to pay to the opposite party maintenance of Rs. 75/ - per month for her illegitimate child.

(2.) THE opposite party filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance of Rs. 500/ -per month for herself and for her child on the ground that the petitioner was the father of the child. According to the opp. party, during her minority the petitioner who was her neighbour falsely promised marriage and cohabited with her as a result of which a son was born to her. Thereafter the petitioner forsook the opposite party and the child. The petitioner did not pay any heed to the advice of the villagers and well -wishers. As the opposite party was unable to maintain herself, she took shelter of the court claiming maintenance from the petitioner.

(3.) THE opposite party examined herself as P. W. 1 and two other witnesses. P W 2 belongs to the same village as the Opposite Party and works as a watchman in a local cooperative society situated at a distance of only forty cubits from the house where the Opp. Party used to live. P. W. 3 is P. W. l's mother. The petitioner examined himself as O. P. W. 1 After hearing the parties, the learned lower Court granted maintenance of Rs. 75/ - per month to the child on the ground that the petitioner was the father, but refused to grant any maintenance to the opposite party. This order of the learned Magistrate is under challenge in this revision.