DURGADHAR KAKATI Vs. SONAMONI KAKATI AND ORS.

JUDGEMENT

(1.) Heard Ms. T. Goswami, learned counsel appearing for the appellant. Also heard Mr. S.K. Ghosh, learned amicus curie appointed by this Court for representing the case of the respondents.

(2.) This second appeal has been preferred against the judgment and decree dated 08-09-2003 passed by the learned Civil Judge (Sr. Div.), Sivasagar in Title Appeal No. 07/2002 whereby the judgment and decree dated 27-06-2002 passed by the Civil Judge (Jr. Div.), Sivasagar in Title Suit No. 63/1995 was reversed.

(3.) The brief fact of the case is that the plaintiff is a responsible person who has married wife having grownup children. Smti. Sonamoni Kakati i.e. the respondent/ defendant No. 1 had filed a criminal case bearing No. 950/1985 in the court of learned Chief Judicial Magistrate, Sivasagar claiming maintenance against the appellant/ plaintiff alleging that the plaintiff had cohabited with the defendant No. 1 by giving false assurance of marriage, as a result of which a girl child was born on 08-10-1985. When the defendant No. 1 had asked the plaintiff to maintain her minor daughter i.e. the defendant No. 2, the plaintiff had refused to comply with the same. Taking such plea the defendant No. 1 had instituted the aforesaid criminal case under Section 125 Cr.P.C. seeking maintenance. In connection with the aforesaid case the defendant No. 1 adduced evidence by examining herself and three other witnesses whereas the plaintiff had examined himself and the doctor of Sivasagar Civil Hospital in support of his plea that the plaintiff had undergone vasectomy operation on 08-03-1977 and as such was not capable of producing any child, in around the time the defendant No. 2 has been alleged to have been born out of a physical relationship between the defendant No. 1 and the plaintiff.