MAGHAR DASS Vs. RAJ RANI ALIAS SURINDER KANTA

JUDGEMENT

(1.) RAJ Rani @ Surinder Kanta-respondent filed an application under Section 125 Cr.P.C. claiming maintenance for herself and her son Prem Sagar against Maghar Dass-petitioner. It was contested by the petitioner on the plea that Raj Rani was not his legally wedded wife and Prem Sagar was not born from his loins. The learned trial Court dismissed the said application vide order dated 27.9.1989. Raj Rani-respondent filed a revision petition against the said order, which was decided by the Court of Additional Sessions Judge, Ludhiana, vide order dated 11.8.1990, by which maintenance was granted to Prem Sagar who was held to be illegitimate son of Maghar Dass-petitioner and the application for maintenance filed by Raj Rani for herself was dismissed. The case was remanded back to the learned trial Court for quantifying the rate of maintenance payable by Maghar Dass to his son Prem Sagar.

(2.) ACCORDINGLY , against this order, the present revision petition has been filed by Maghar Dass-petitioner husband, while Crl. M. No. 12020-M of 1990 has been filed by Raj Rani-respondent against the dismissal of her application for maintenance by the revisional Court.

(3.) IN support of her plea, that she was a legally wedded wife of Maghar Dass and Prem Sagar-applicant was born from this wedlock, Raj Rani-respondent had produced 9 witnesses, while Maghar Dass-petitioner had examined 6 witnesses including himself.