LAWS(HPH)-2001-11-19

RAJIV GUPTA Vs. KUMARI DIMPLE GUPTA

Decided On November 15, 2001
RAJIV GUPTA Appellant
V/S
KUMARI DIMPLE GUPTA Respondents

JUDGEMENT

(1.) The present revision petition has been preferred by the petitioner, Rajiv Gupta, under Section 397, Code of Criminal Procedure against the order dated 30-3-2001 by the learned Chief Judicial Magistrate, Kinnaur in Criminal Petition No. 93/4 of 1993 under Section 125, Code of Criminal Procedure, whereby maintenance at the rate of Rs. 500.00 per month with effect from 10-9-1993 (the date of filing of the petition under Section 125, Code of Criminal Procedure), has been awarded in favour of respondent, Km. Dimple Gupta. The parties are hereinafter referred to accordingly as petitioner and respondent.

(2.) The sole question for determination in the present case is - whether the respondent is the illegitimate daughter of the petitioner and entitled to claim maintenance from him?

(3.) The respondent, a minor through her mother Smt. Narain Dassi claiming herself to be an illegitimate daughter of the petitioner filed a petition under Section 125, Code of Criminal Procedure, seeking maintenance at the rate of Rs. 500.00 per month. It was averred that Narain Dassi, the mother of the respondent and a resident of Nogli, Tehsil Rampur Bushehr, District Shimla, in the year 1990, was studying in Class X in Government High School, Nogli, where she came in contact with the petitioner, who was a regular visitor to the school. With the passage of time intimacy developed between them resulting in physical relationship. The petitioner had been assuring Narain Dassi that he would marry her. Narain Dassi started living with the petitioner as his wife.