ORDER : 1. Special leave granted. The respondent has not appeared though duly served. We dispose of the appeal as hereunder, 2. This is an appeal directed against the judgment and order of the High Court of Allahabad dated 23rd March, 1984 reviewing the Judgment of the Ilnd Addl.Sessions Judge and upholding the decision of the Chief Judicial Magistrate in the case of maintenance. filed under section 125 of Crl. P.C. The learned Sessions Judge held that the appellant was entitled to maintenance of Rs. 100/- p.m. for herself and Rs. 50/- per month for her minor child. The learned Session Judge considered the natural presumption and the facts and circumstances of the case and also the evidence from which it appeared that Smt. Munni Devi was the legally wedded wife of the respondent and she was residing with him till about seven-tight months of her pregnancy and after the birth of the child before she filed the petition under section 125 Crl. P.C. dated 18th June, 1985. He further found that she was ill-treated and turned out by the opposite party while she was pregnant. The child was born 4-5 months prior to filing of the petition under section 125, Crl. P.C. and these were concurrent findings of fact, by the learned Chief Judicial Magistrate as well as the learned Sessions Judge. On revision, the High Court was of the view on an examination of the evidence that the child was born sometime in January or February, 1982 and Smt. Munni Devi had been turned out from the premises of her husband in December, 1980. From these two facts the High Court was of the view that the child in question was not the child of the respondent. 3. We are 'of the opinion that in making these findings, the High Court was in error. The findings in this case of the two courts took support from the documents sustaining the legitimacy of the child, the appellant's specific case was that she was turned out when she was pregnant. In that view of the matter, the interpretation of the natural circumstances and other grounds would not be a proper thing to do in the matter where legitimacy of a child is involved. 4. In that view of the matter, we set aside the judgment and order of the High Court. In that view of the matter, the interpretation of the natural circumstances and other grounds would not be a proper thing to do in the matter where legitimacy of a child is involved. 4. In that view of the matter, we set aside the judgment and order of the High Court. The appeal is accordingly allowed and order of the learned Sessions Judge is restored. 5. In the facts and the circumstances of the case there will be no order as to costs.