- (1.) AMAR Saran, J. Heard Shri V. P. Mathur, learned Counsel for the applicant and Shri D. S. Mishra, learned Counsel appearing for the opposite party No. 3.
(2.) THIS application was filed by the applicant on 5-8-2002. The prayer in this application was for quashing the order dated 29-6-2001 passed by 2nd Additional Judicial Magistrate, Bansi, District Siddharthnagar whereby the application for grant of maintenance to Gaurav Ji Pathak, from O. P. No. 3 through his mother Smt. Usha Pathak was refused and the order passed by the 1st Additional District and Sessions Judge, Siddharthnagar dated 24-6-2002 dismissing the Criminal Revision against the aforesaid order, and also for grant of maintenance to the applicant from the date of application. The application for maintenance from opposite party No. 3 was moved by the applicant through his mother on 26-7-1997. At that time the applicant was about nine years of age. Now almost seven years have elapsed thereafter and the applicant has not received a single paisa as maintenance from the opposite party No. 3. The revisional Court has dismissed the revision against the order refusing maintenance passed by the lower Court on two grounds: (i) that there is a finding of the lower Court that the applicant Gaurav Ji Pathak is not the son of opposite party No. 3 and (ii) that as Usha Pathak was a Basic Health Worker, hence she could maintain Gaurav Ji Pathak and there was no need for opposite party No. 3 to maintain Gaurav Ji Pathak.
(3.) BOTH these findings are clearly perverse. I have gone through the entire judgment dated 29-6-2002 passed by the 2nd Additional Judicial Magistrate, Bansi. There is absolutely no finding in the entire judgment that Gaurav Ji Pathak was not the son of Gopal Ji Pathak. No doubt, this argument was raised on behalf of Gopal Ji Pathak, but the lower Court has not given any such finding that Gaurav Ji Pathak was not the son of Gopal Ji Pathak. The learned counsel for the O. P. No. 3 has sought to contend that O. P. No. 3 has stated in his written statement that he was already married to Smt. Sheela in 1977, and the applicant was married to one Durg Vijay Tiwari, resident of village and post Gaderuva. However, Sri Durg Vijay Tiwari contracted tuberculosis, and had parted from his wife. In his written statement, O. P. No. 3 also admits that Smt. Usha was posted in his village Nasirganj in 1985 and applicant was the Pradhan of that village from 1982 to 1995. Significantly as per the birth certificate of the applicant Gaurvav, he was born in 1988. This would be the time, when Smt. Usha would have been residing in Nasirganj. If as O. P. No. 3 has himself contended that the earlier husband of Smt. Usha, Durg Vijay Tiwari had contracted T. B. and had left Smt. Usha for his village Gaderuva. This period when Smt. Usha was posted in Nasirganj where the O. P. No. 3 was the Pradhan would be the period when access to that alleged husband would have been absent. In these circumstances some connection between Smt. Usha and O. P. No. 3 could not be ruled out. Also opposite party No. 3 himself has mentioned that he had made certain applications and representations on behalf of Smt. Usha to the Director, Medical Education and Chief Medical Officer etc. These applications also suggest some kind of liason between the two, as ordinarily the O. P. No. 3 would not have moved any application on behalf of the applicant if she were a complete stranger in his life.;