SATYA DAS ALIAS SATYABRATA DAS Vs. SUJATA DAS

JUDGEMENT

(1.) This revision is directed against the order, dated 21.01.2008, passed by the learned Family Court, North Tripura, Kailashahar, in Cri. Misc. No. 66 of 2007, which arose out of an application, made under Section 125 of Cr. P. C., by the opposite party herein, claiming herself to be unmarried daughter of the present petitioner. The petitioner herein contested the proceeding by denying not only the parentage of the opposite party, but also her right to receive maintenance, under Section125 Cr.P.C., on the ground that the opposite party herein, having attained majority, was no longer entitled to claim maintenance under Section 125 Cr.P.C. Having found that the opposite party herein has been proved to be present petitioner's daughter, the learned court below directed the petitioner to pay maintenance allowance to the opposite party at the rate of Rs. 1,000/- per month with effect from the month of January, 2008. Aggrieved by the order aforementioned, the petitioner has impugned the same in this revision.

(2.) I have heard Mr. S. Lodh, learned counsel appearing for the petitioner, and Mr. R. Debnath, learned counsel appearing for the respondent-opposite party.

(3.) The order impugned, in this revision, is assailed on two grounds, namely, (i) that the opposite party has not been proved to be legitimate issue borne out of the cohabitation between the present petitioner and the opposite party's mother, Smti. Rani Das, and (ii) that the opposite party, having already attained majority, could not have been held entitled to receive maintenance under Section 125 Cr.P.C.