Judgment H. R. Panwar, J.-The instant revision petition and Criminal Revision Petition No. 185/2003, Munni vs. Sahabuddin & Ors. filed before the Sessions Judge, Churu and transmitted to this Court in compliance of the order dated 03.03.2004 are being disposed of by a common order. 2. I have heard learned Counsel for the parties on both the revision petitions. 3. Non-petitioner No.1 Kumari Munni filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for short the Code hereinafter) through her guardian before the Additional Chief Judicial Magistrate, Churu (for short the trial Court Hereinafter seeking maintenance from the petitioner and non-petitioner No.2 Yusuf . The trail Court in Criminal Case No. 213/96 (125 CrPC) granted maintenance in favour of Kumari Munni and against petitioner Sahabuddin at the rate of Rs. 500/-per month from the date of application. However, the application seeking maintenance against non-petitioner No.2 Yusuf , who is said to be the grand-father of non-petitioner No.1 Kumari Munni, was dismissed vide order impugned dated 110.2003. Aggrieved by the order impugned dated 110.2003, petitioner Sahabuddin filed the instant revision petition seeking setting aside the order impugned. Against the very order, Kumari Munni filed a Criminal Revision No. 185/2003 before the Sessions Judge, Churu seeking enhancement of maintenance amount. 4. The factum of filing of the revision petition before the Sessions Judge by Kumari Munni was brought to the notice of this Court and, therefore, this Court by order dated 03.03.2004 considered it expedient to hear both the revision petitions together and the learned Sessions Judge, Churu was directed to transmit the Revision Petition No. 185/2003 Munni vs. Shahbudin & Ors. In compliance of the order dated 03.03.2004, the revision petition filed before Session Judge, Churu has been transmitted to this Court. Since, both the revision petitions arising out of common order and between the same parties, they are being heard and decided together. 5.
In compliance of the order dated 03.03.2004, the revision petition filed before Session Judge, Churu has been transmitted to this Court. Since, both the revision petitions arising out of common order and between the same parties, they are being heard and decided together. 5. The facts of the case relevant and necessary for the decision of these revision petitions are that Kumari Munni, a minor girl filed an application on 211.1996 before the trial Court under Section 125 of the Code seeking maintenance, inter alia, alleging therein that her mother Gulshan contacted “Nikah” with Ameen according to Muslim rites on 112.1984, however, after contacting “Nikah”, Ameen went abroad and in his absence, petitioner Sahabuddin developed illicit relations with Gulshan, mother of Kumari Munni and from the loin of petitioner, Kumari Munni was born on 17.05.1995. Thus, Kumari Munni herself claimed to be illicit daughter of the petitioner and claimed maintenance from him. The notice of the application under Section 125 of the Code was served on the petitioner by the trial Court, however, despite service of notice, the petitioner did not file reply to the application. Thus, the averments made in the application under Section 125 of the Code filed by Kumari Munni remained uncontroverted. Not only this, the petitioner even did not lead any evidence to rebut the case put up by Kumari Munni seeking maintenance before the trial Court. AW. 1 Munshi maternal grand-father of Kumari Munni AW. 2 Farooque and AW. 3 Gulshan were examined. These witnesses stated that after the “Nikah” of Gulshan with Ameen having been contacted, Ameen went abroad and in his absence, the petitioner forcibly committed sexual intercourse with Gulshan and thereby Gulshan became pregnant and gave birth to Kumari Munni. AW. 3 Gulshan stated on oath before the trial Court that her husband Ameen went abroad and in his absence, the petitioner developed illicit relations with her and thereby she became pregnant and gave birth to Kumari Munni. There was some agreement between the parties to which petitioner Sahabuddin was also a party, which has been proved as Exhibit P/1. In Exhibit P/1, the petitioner admitted that he developed illicit relations with Gulshan and thereby Gulshan became pregnant and delivered a female child on 17.05.1995.
There was some agreement between the parties to which petitioner Sahabuddin was also a party, which has been proved as Exhibit P/1. In Exhibit P/1, the petitioner admitted that he developed illicit relations with Gulshan and thereby Gulshan became pregnant and delivered a female child on 17.05.1995. Apart from other contentions, one of which was that of Ameen go for divorce to Gulshan, he would contact “Nikah” with Gulshan and even pay a sum of Rs. 1,00,000/-as also agreed to pay a sum of Rs. 500/-per month as maintenance to Kumari Munni. Non-petitioner No. 2 Yusuf also filed an affidavit Exhibit P/2 stating therein that in absence of his son Ameen, who went abroad, the petitioner developed relations with Gulshan and it was agreed between them that Ameen would divorce Gulshan and thereafter, his son Sahbuddin keep Gulshan as his wife. This part of evidence remained uncontroverted as petitioner Sahabuddin did not lead any evidence in rebuttal. The trial Court, relying on this evidence, came to the conclusion that Kumari Munni was born from the loin of petitioner Sahabuddin and as such she is illicit daughter of the petitioner and entitled for maintenance. Considering the income of the petitioner, the trial Court granted maintenance at the rate of Rs. 500/-per month in favour of Kumari Munni. The amount of maintenance, even otherwise agreed by the parties by an agreement, cannot be said to be too excessive. 6. Keeping in view the facts and circumstances of the case and the income of the petitioner, I am of the view that the maintenance granted at the rate of Rs. 500/-to a minor girl Kumari Munni is just and proper and needs no enhancement. 7. Consequently, both the revision petitions fail and are hereby dismissed. Stay petition also stands dismissed.