DARJE WANGIAL Vs. KARAM SINGH

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Section 397 of the Code of Criminal Procedure against the order dated 25-8-1003 of the Sessions Judge. Shimla setting aside the order dated 12-11-1992 of the Chief Judicial Magistrate. Kinnaur granting maintenance under Section 125, Code of Criminal Procedure to the petitioner.

(2.) The sole ground for determination in the present case is - whether the petitioner is illegitimate child of the respondent and entitled to claim maintenance from the latter.

(3.) The petitioner, a minor child through his mother Smt. Ganga Mani filed a petition under Section 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs. 500/- per month, It was averred that the mother of the petitioner and her friends had decided to arrange a dinner party on 23-5-1989 in village Kanam for a newly wedded couple Suresh Pal and Mangal Devi. On 22-5-1989 at about 9 P.M. the mother of the petitioner accompanied by her friend Inder Mani went to inform other friends about the party. When they were on the way to the house of Inder Dassi at Garbong, they met the respondent and one Mohinder Singh on the way. The respondent forcibly took the mother of the petitioner away in the fields of Udey Singh, while Mohinder Singh took away Inder Mani. The respondent and Mohinder Singh respectively subjected the mother of the petitioner and Inder Mani to sexual intercourse. As a result of such sexual intercourse, the mother of the petitioner as well as Inder Mani became pregnant. Mohinder Singh. Above named married Inder Mani some time in the month of February. 1990 and a son was born to her out of the loins of said Mohinder Singh on 26-2-1990. The respondent did not marry the mother of the petitioner. He was selected as a Clerk in the office of the District Excise and Taxation Office. Kullu in the month of December,1989. He was approached time and again by the mother of the petitioner for marriage, but he kept on delaying on one pretext or the other. Left with no alternative, the mother of the petitioner sent S/Sh. Deva Lal and Jundhan Ram of village Kanam to the respondent, who is alleged to have admitted having had sexual intercourse with the mother of the petitioner and the resultant pregnancy. He further assured the said two persons that he would be coming on leave shortly and thereafter he would perform a marriage with the mother of the petitioner in accordance with the custom prevailing in District Kinnaur. The respondent also handed over a letter to said Deva Lal for being delivered to his father. The mother of the petitioner kept on waiting, but the respondent did not turn up. The petitioner was born on 19-2-1990 from the loins of the respondent. Therefore, by alleging himself to be the illegitimate child of the respondent maintenance was claimed by the petitioner from the respondent.