GHANA KANTA MAHANTA Vs. MUSAMMAT GERELA

JUDGEMENT

(1.) This appeal arises out of a suit for maintenance claimed by a Hindu woman on behalf of her minor child, said to have been begotten by the defendant. An application had been made by the woman before the Magistrate under Section 48 3 of the Criminal P. C., but that officer disallowed the application. Subsequently, the present suit was brought in the Civil Court.

(2.) The Court of Appeal below has found that the child is the illegitimate child of the defendant and has, accordingly, given a decree for maintenance.

(3.) It has been contended on behalf of the defendant, the appellant before us, that the right of an illegitimate child to claim maintenance against the putative father is but the creature of the Criminal P. C., that the order of the Magistrate disallowing maintenance is conclusive, and no suit lies in the Civil Court for the same matter, and that the Hindu law does not authorize maintenance being granted to illegitimate children. And the learned vakil has relied, in support of his contention, upon two cases, one is Subad Domni V/s. Katiram Dome 20 W.R. 58 Cr and the other is Subhudra V/s. Busdeo Dube 18 A. 29.