KHAGESWAR PRADHAN Vs. GANDHI PRADHAN

JUDGEMENT

(1.) This is an application questioning correctness of order passed by the learned Sub-Divisional Judicial Magistrate Baliguda (in short, the 'SDJM') accepting prayer for grant of maintenance in terms of Sec. 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code') which was filed by the opp. party claiming to be illegitimate child of petitioner. The petition was presented by Kalabati, his mother on his behalf.

(2.) Background facts as presented by the opp. party in the application filed are essentially as follows :

(3.) I shall first deal with question whether any illegitimate child is entitled to maintenance. Sec. 125 of the Code so far as it is relevant reads as follows :