1 e- HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Misc. Petition No.925 of 2010 PETITIONER/: (Non-applicant) RESPONDENT/: (Applicant) Chhabilal Netam, S/o Padumlal, aged about 26 years, R/o village Dularpali, District Mahasamund (C.G.) Versus Ku. Seema, aged about 5 years, through her natural guardian/mother namely Khirobai Netam, aged about21 years, R/o village Dularpali, District Mahasamund (C.G.) {Petition underSection482ofthe Code of Criminal Procedure} Present: ' - , Mr. Manoj Paranjpe with Mr, Vaibhav A. Goverdhan, counsel forthe petitioner. Sinale Bench: Hon'ble Mr. T.P. Sharma, J ORAL ORDER (31-1-2011) 1. By this petition under Seetion 482 of the CrPC.the petitioner has challengedlegality & proprietyof the order dated 12-11-2010 passed by the 1 Addifiohal Sessions Judge, Mahasamund in RevisionNo.22/2010, modifying the'order dated 2-2-2010 passed by the Judicial Magistrate First Class, Saraipali inCriminalMJCNo. 142/2009, whereby learned revisional Court has modified the amountof maintenance awarded tothe resRondent herein from Rs.2,000/- to Rs.1,000/- per month. 2. Brieffacts necessaryfor the disposal ofthis petition are that as perclaim of mother ofthe respondent herein.she was havingillicit relation with the petitioner and she conceived, thereafter, one affidavit Ex.P-1 was executed by the petitioner that as a result of physical relation between the petitioner & the mother of the respondent namely Khirobai, the respondent was born. Maintenance application was filed on behalfofthe respondent and her mother which was partly allowed by the trial Court,' same was challenged before the revisional Court and fhe revisional Court While dismissing the claim of maintenance of mother of the v respondent has modified the order of the trial Court. 3. I have heard learned Counsel for the petitioner, perused theorder impugned and the order of the trial Court. ^Si^''"'""'1?^^ i"' 4. Learned counsel for the petitioner submits that incase of maintenance to illegitimate child, mother of illegitimate child is required to prove the fact thatrelation between herandthe person against whom maintenance has been claimed was virtually one of monogamy and there was no fhird person between them. But, in the present case, mother of the respondent has utterly failed to prove the aforesaid facts and, therefore, the respondent is not entitled for maintenance against the petitioner. Both the Courts below have awarded maintenance from the date of applicafion and therebyalso, the Courts below have committedillegality. In case of award of maintenance from the date of application, the Court is required to assign reason. Learned counsel placed reliance in the matter ofShobha Bai v. Radhey Shyam (1991 MPJR 412) in which the .High Court of Madhya Pradesh has held that if maintenanceis awarded from the dateof application.the Courtis required to assign reason. 5. Both the orders reveal that the petitioner has executed affidavit on 13-11- 2002 inwhich he hasadmitted relation with mother of the resppndent and had took motherof the respondentto his house and keptheras his wife where the respondent was born. The petitioner has not challenged the said affidavit before the competent Court. Considering the evidence, espeGially^flie document, both the Courts below have awarded maintenance to the respondent. While awarding such maintenance, both the Courts below have not committed any illegality. 6. As.segards award of maintenance from the date ofapplication, definitely, thejespondent herein is fiveyears' aged girl child having no source of income and evenshe is not in a position to work as labour. In these, circumstances, both the Courts below have not committed any illegality by awarding maintenance from the date of application and only on the ground that the Courts below have not shown reason for awapjing maintenance from such date, 1 do not find any illegality in thej^rder impugned requiring any interferencein termsof Section 482 ofthe CrPC. 7. The petition is.therefore, liable to be dismissed and it is hereby dismissed, in limine. 8. Consequently, I.A.No.1 stands disposed of. Sd/- T.P. Sharma Judge Soma