SHIV KUMAR Vs. BABY SONAM

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Revision No. 843 of 1997, filed by Shiv Kumar-the husband and Criminal Misc. No. 22459-M of 1997, filed by Asha Rani - the wife and her daughter Baby Sonam, against the order dated 11.8.1997 passed by Additional Sessions Judge, Chandigarh.

(2.) UNDISPUTEDLY , the marriage of Asha Rani with Shiv Kumar Sharma was solemnized on 7.12.1993. Baby Sonam was born out of this wed-lock on 22.8.1994. On 6.6.1995, the wife and the minor daughter filed an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for the grant of maintenance allowance by pleading that the husband was neglecting and refusing to maintain them and they were unable to maintain themselves. The husband contested the aforesaid application on the ground that the wife was living in adultery and was already pregnant at the time of her marriage and the female child was not born from his loins, therefore, they are not entitled for the maintenance.

(3.) COUNSEL for the wife states that the said decree of divorce has became final.