Research › Search › Judgment

Madhya Pradesh High Court · body

2005 DIGILAW 41 (MP)

POORAN LAL v. SOMWANTI BAI

2005-01-07

U.C.MAHESHWARI

body2005
Judgment ( 1. ) THIS revision petition is directed against the order dated 3-12-2003, passed by Second Additional Sessions Judge, Waraseoni in criminal revision No. 107/02 whereby the non-applicants revision, by setting aside the judgment dated 26-2-2000, passed by Judicial Magistrate First Class, Balaghat in criminal case No. 58/1999 by which the application under Section 125 of Criminal procedure Code (In brief "code") of non-applicant was dismissed, has been allowed and the applicant is directed to pay the maintenance @ Rs. 300/p. m. from the date of order of Trial Court dated 26-2-2000. ( 2. ) AS per the application under Section 125 of Code filed by non-applicant, she claimed maintenance amount @ Rs. 300/-p. m. as daughter of present applicant and was not having any source of income for livelihood. ( 3. ) BY filing the reply present applicant denied all the allegation of the present non-applicant before the Trial Court and stated that non-applicant is not his daughter and he never married with the mother of the present non-applicant. ( 4. ) AFTER recording the evidence Trial Court concluded the matter by dismissing the application of the non-applicant. The non-applicant went up in revision which has been allowed by setting aside the order of Trial Court and held that the non-applicant is legitimate daughter of present applicant and awarded the maintenance as said above. Being aggrieved this revision petition is preferred by the present applicant. ( 5. ) HAVING heard on the question of admission, I am of the view that this revision petition deserves to be dismissed for following reasons :- ( 6. ) THE subordinate Revisional Court in Paragraphs 8 to 12 has given full consideration and appreciation to the evidence recorded by the Trial Court and passed the order by giving cogent reasons. It is a statutory provisions that even illegitimate child and specially daughter till her marriage is entitled to get the maintenance under Section 125 of the said Code and by giving appropriate reasons in this regard the non-applicant has been decided as illegitimate daughter of the applicant, and therefore, she is entitled to get the maintenance from the present applicant. ( 7. ) IT is also proved that the present non-applicant is not having sufficient means for livelihood and she has been neglected and deserted by the applicant, on this count she is entitled for maintenance. ( 8. ( 7. ) IT is also proved that the present non-applicant is not having sufficient means for livelihood and she has been neglected and deserted by the applicant, on this count she is entitled for maintenance. ( 8. ) ALTHOUGH learned counsel of the applicant cited a reported case of High Court of Himachal Pradesh 1997 (2) Crimes 570 (Darje Wangial Vs. Kuram Singh), but in the above cited case the contention of the wife for claiming maintenance was not corroborated by any other evidence and therefore, the ratio of this case does not give any benefit to the applicant because in the case at hand the testimony of the non-applicant is supported by not only her mother smt. Kishna Bai (A. W. 1) but also by relative of both the parties namely Nanaji (A. W. 2 ). ( 9. ) COUNSEL of the applicant has also submitted a photo copy of an interim order dated 12-10-04 of this Court passed in Cr. R. No. 557/04, which is only an order of admission and this also does not help to the applicant because said order is in relation to the other parties and also does not reflect any factual matrix. ( 10. ) IN view of the above said premises, I have not found any error of jurisdiction or illegality or anything against propriety of law or any perversity in between the evidence and the judgment of the Revisionals Court. Therefore, this revision petition deserves to be and is dismissed at the stage of motion hearing. Let the record of Courts below be sent back. Criminal Revision dismissed.