ASHOK KUMAR Vs. RAJNI (MINOR)

JUDGEMENT

(1.) SMT . Usha Rani and respondents filed an application under Section 125 of the Code of Criminal Procedure for the grant of maintenance. It had been alleged that Smt. Usha Rani is the wife of petitioner and respondents are the children of the petitioner and Smt. Usha Rani. Petitioner controverted the claim of Smt. Usha Rani to be his wife. He further contended that respondents are in no way connected with the petitioner, either out of the wedlock or being illegitimate children. The case of the petitioner was that he was never marred to Smt. Usha Rani. She is a suspicious character and wanted to blackmail the petitioner and grab money from him. On the alleged date of marriage i.e. 1.7.1985, petitioner's case was that he was at Yam Nagar attending N.C.C. camp from 1.6.1985 to 7.7.1985. Petitioner even contended that Smt. Usha Rani had never stayed in his house.

(2.) DURING the pendency of the petition/application, an order was passed granting ad -interim maintenance. Petitioner did not comply with the order and his defence was struck off.

(3.) AFTER recording the evidence, the learned Judicial Magistrate held that petitioner was married to Smt. Usha Rani and respondents are their children. The petitioner was directed to pay maintenance at Rs. 150/ - P.M. for each of the respondents. Since Smt. Usha Rani was herself working, the maintenance was denied to her.