Cr.R. 226 of 2002. 7.8.2008 Present: Mr. G.D.Verma, Sr. Advocate, with Mr. B.C.Verma, counsel for the petitioner. Mr. H.C.Sharma, counsel for the respondent. This petition has been instituted by the petitioner against deceased Smt. Roshni Devi and Master Akshay Kumar, who had been granted maintenance in proceedings under Section 125 of the Code of Criminal Procedure by the learned trial Court. Learned counsel appearing for the petitioner raises a very important point and that is that maintenance could not be granted unless relationship between the petitioner and the deceased Smt. Roshni Devi was established as that of husband and wife and the legitimacy and paternity of the birth of respondent No. 2 having been born from the wedlock of the petitioner and respondent No. 1 established in accordance with law. I have heard the learned counsel for the parties and gone through the impugned judgment. This issue would require determination by civil Court and cannot be determined in a summary manner in these proceedings. In this view of the matter, this petition is disposed of with observation that it will be open to the petitioner to institute a civil suit for declaration wherein he can take all the grounds -2- as urged by him in this revision petition and all other grounds to urge that the surviving respondent Master Akshay Kumar is not the legitimate offspring of the petitioner and that the petitioner was never married to Smt. Roshni Devi. It is be open to the Civil Court to go into such question(s) and in any miscellaneous proceedings to vary or alter the order of maintenance. The revision petition is disposed of accordingly. There shall be no order as to costs. Pending application(s) shall stand disposed of. A direction is issued to the Registry that the amount lying with it shall be put in fixed deposit in the name of Master Akshay Kumar and shall not be released to anyone without obtaining prior order from this Court. August 7, 2008 (PC). (Dev Darshan Sud), J.