PREM NATH Vs. MASTER SHRIKHAR

JUDGEMENT

(1.) -This is a petition filed under sections 401 and 482, Cr. P. C. read with Article 227 of the Constitution of India against the order passed by the Sessions Judge, Shimla in criminal revision No. 5 -S/10 of 1991 dated 5 -8 -1993. By the said order the learned Sessions Judge affirmed the order of the Sub -Divisional Judicial Magistrate, Rampur, District Shimla in case No. 38 -IV of 1989. It may be stated that the learned Sub -Divisional Judicial Magistrate awarded maintenance of Rs. 200 per month to respondent No, 1 in a petition under section 125, Cr. P. C. by respondent No. 2.

(2.) Briefly stated, the facts are as follows. Respondent No. 2, Smt. Sewa Dassi, filed a petition under section 125, Cr. P. C. before the learned Sub -Divisional Judicial Magistrate, claiming maintenance for herself and her son. It was alleged that there was intimacy between Smt. Sewa Dassi, respondent No. 2 and the present petitioner Prem Nath and they also had sexual intercourse. According to respondent No. 2, Prem Nath had agreed to marry her and after sexual intercourse, she gave birth to a child It has also been stated that the present petitioner Prem Nath agreed that the child would be the share -holder of the property. The child was born on 30 -3 -1989 and according to respondent No. 2, Sewa Dassi, Prem Nath came alongwith Shri Kamla Nand, Narsingh Dass and Roop Dass to her house for settlement of the matter. According to respondent No. 2, the present petitioner offered a sum of Rs. 5,000 for settling the matter, but he did not agree to take the child. Therefore, the present petition was filed for maintenance under section 125, Cr. P.C. as stated above.

(3.) The learned trial Court, after considering the evidence on record as well as the documents held that Smt. Sewa Dassi was not duly married to the present petitioner Prem Nath, but the present petitioner was the father of respondent No. 1, that is, the child which was born and accordingly the learned trial Court awarded maintenance at the rate of Rs. 200 per month for the child, through respondent No. 2.