§ (j HIGH COURT OF JUDICATURE, CHHATTISGARL-I: BILASPUR SINGLE BENCH : HON’BLE sHRl S.R. NAYAK, CJ. Writ Petition No.441 of 2004 PETITIONER Sukulram Sahu, aged 41 years, Sto. Late Sudhuram. Occupation -- Service presently working as Dispatch Clerk in C.S.E.B., Rio. Clo. Chief Engineer (Production), Chhattisgarh State Electricity Board, Korba (East), Korha (ca) Vs. Sushi! Kumar, aged 17 years, Slo. Sukuiram, minor through his mother Smt. Saraswati, Divorcee wife of Sukuiram, R/o. Village-Birkona, Tahsil & Distriet Bilaspur (C.G.) RESPGNQENT Present: Shri Rajeev Shrivastava, learned counsel for the petitioner. ORAL ORDER (Passed on W September. 2006) The marriage between the petitioner and the mother of the respondent is admitted. What the petitioner-father contended before the Court below is that after the mother of the respondent left his household, she was conceived and the respondent was born. ln other words, according to the petitioner, the respondent is not bom out of the wedlock between him and the mother of the respondent. Since the marriage is admitted by the petitioner, it was his burden todischarge the plea taken by him by adducing substantive evidence. The petitioner sought to support his plea by producing certain letters purported to Have been written by the mother of the respondent, but, when those letters were confronted to the mother of the respondent in witness-box, she denied the authorship of those letters. Exceptthese two letter, no other evidence is produced by the petitioner to substantiate the plea. ln view this, l cannot take any @ ;3/, exception to the order of the Court below awarding monthly maintenance to the respondent. it is said, is studying in a coilege. at the rate of Rs.700/- It is stated that the petitioner is working as Dispatch Clerk in C.S.E.B. to the status and income of the petitioner, 'oould not be said to be excessive or unreasonable. No ground is made out. The writ petition is, therefore, dismissed. No caste. Sdl- Chief Justice W24