DEORAM SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner is aggrieved by the order dated 27.2.2013 passed by the learned Principal Judge, Family Court, Dumka, in Cr. Misc. Petition No.125 of 2007, whereby in a proceeding under Section 125 of the Cr.P.C., the Court below has directed the petitioner to make the payment of Rs.1,000/- per month for maintenance of his minor illegitimate daughter.

(3.) The minor girl aged about eight months, had filed the application under Section 125 of the Cr.P.C., through her mother in the Court below, claiming that her mother (herein after referred to as X ), became pregnant due to cohabitation with the petitioner on the false pretext of marrying her. The petitioner ultimately refused to marry X and the child was born due to said cohabitation between X and the petitioner. It was stated in the petition that X had also filed a criminal case against the petitioner for the offence under Section 376 and 417 of the IPC, which was registered as Jama P.S. Case No.23 of 2007, in which the petitioner was ultimately put to trial in S.C. Case No.174 of 2007 and he was found guilty for the offence under Section 376 of the IPC and was convicted and sentenced for the same, for which the petitioner is presently undergoing sentence in jail. Claiming that X has no means to maintain the child and the father was having the earning of about Rs.80 per day as labour, besides income from agriculture, the claim for maintenance was filed in the Court below.