JAGAN NATH Vs. MST SARJOO

JUDGEMENT

(1.) THIS is an application to revise an order dated 7. 11-1969 passed by the learn, ed Sessions Judge, Udhampur, up-holding the order dated 20. 2. 1969 of the Chief Judicial Magistrate, Udhampur, rejecting the application of the petitioner for cancellation of the order of maintenance paased against him under the provisions of S. 438 of the Criminal P. C.

(2.) THE facts relevant for the purpose of this application are :

(3.) MR. Mengi appearing on behalf of the petitioner has urged that since on the respondent's own admission that the child born to her was the result of physical union between her and the petitioner, the basis of the order of maintenance had been removed and it had become inoperative and unenforceable. He ha? in support of his submission referred me to a ruling of the Madras High court reported in A. I. R. 1980 Mad 515.