GOBINDA NEOGI Vs. JHUMA RANI SAHA

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned senior counsel appearing for the petitioner. The respondent is absent although notice was served on her. The petitioner questions the legality of the judgment and order dated 5-6-2007 in Case No. 367"/04 rendered by the learned Sub-Divisional Judicial Magistrate (S), Barpeta. By the impugned judgment, the application filed by the respondent (first party) was granted by directing payment of Rs. 1000/- per month as maintenance for the male child allegedly fathered by the petitioner, who was born to the first party on 26-6-2004.

(2.) In her petition filed on 4-11-2004 under Section 125 of the CrPC. the first party claimed that she was engaged to do domestic chores in the house of the petitioner. Enticed with marriage promise, petitioner developed intimacy with the first party and the first party became pregnant and a male child was born to the first party at the Maternity Home on 26-6-2004. In her application, the first party offered to have DNA Test conducted to determine the paternity of her child.

(3.) In his written statement, the second party (petitioner) denied any relationship with the first party and contended that a false case was filed against him. The second party offered to undergo a DNA Test, to ascertain the paternity of the child.