DILIP KUMAR Vs. DILWATI @ RAIWATI

JUDGEMENT

(1.) Respondents No. 1 & 2 herein claiming to be the wife and daughter of the petitioner herein filed an application for maintenance under Section 125 of the Code of Criminal Procedure (henceforth "Cr.P.C.") stating inter alia that they, being the wife & daughter of the petitioner herein, are entitled to maintenance from him, in which, the petitioner has denied the fact of marriage with respondent No. 1 and further stated that respondent No. 2 is not his daughter out of alleged wedlock with respondent No. 1.

(2.) The Judicial Magistrate, First Class, Gharghoda, by its order dated 17.01.2014 held that no marriage has taken place between the petitioner and respondent No. 1 and, therefore, respondent No. 1 is not entitled for maintenance; and further held that respondent No. 2 was born out of cohabition of petitioner with respondent No. 1, therefore, she, being an illegitimate daughter of petitioner, would be entitled for maintenance to the extent of Rs. 800/- per month, and that has been upheld by the revisional court, against which instant petition under Section 482 of the Code of Criminal Procedure has been preferred.

(3.) Learned counsel appearing for the petitioner would submit that both the courts below are absolutely unjustified in granting maintenance in favour of respondent No. 2 after having held that no marriage took place between petitioner and respondent No. 1 and, as such, order granting maintenance and the impugned order affirming the order of trial Magistrate deserve to be set aside.