The entitlement of unmarried daughters to maintenance under Section 125 of the Code of Criminal Procedure and the temporary nature of the maintenance order, which is subject to the decision of a competent Civil Court.

JUDGMENT :

1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioner challenging the order dated 03.03.2018, passed by the Learned Judicial Magistrate, Dantan, Paschim Medinipur, in connection with M.R.Case No.137 of 2017 under Section 125 of the Code of Criminal Procedure.

2. By the impugned order Learned Magistrate has directed the petitioner to make payment of Rs. 84,650/- to the daughter of the opposite party by four equal installments within four months from the date of the impugned order.

3. Essential facts which are necessary for proper appreciation of the present application filed by the present petitioner are as under :

In the year 1995, the opposite party filed an application under Section 125 of the Code of Criminal Procedure claiming maintenance for self and her minor daughter. Said application for maintenance was registered as M.R.Case No.16 of 1995. In her application, the petitioner claimed herself to be the legally married wife of the present petitioner and also claimed that out of said wedlock one female child was born in the year 1982.

4. After contested hearing Learned Magistrate Dantan, Paschim Medinipur rejected the prayer for maintenance of the present opposite party and her daughter.

5. The present opposite party preferred a revisional application challenging the order of the Learned Magistrate passed in connection with the application under Section 125 of the Code of Criminal Procedure, rejecting the prayer for her maintenance and her daughter. The said Criminal Revisional Application was registered as Criminal Revision No.164 of 2013. On 10.09.2014, Learned Additional Sessions Judge, 4th Court, Paschim Medinipur allowed the said Revisional application in part and directed the Learned Magistrate to conclude re-hearing of the petition under Section 125 of the Code of Criminal Procedure, only in respect of the prayer for maintenance of the daughter of the revisionist as expeditiously as possible preferably within three months from the date of communication of the order as per the observations made by the Learned Judge.

6. On 03.03.2018, Learned Magistrate disposed of the said application under Section 125 of the Code of Criminal Procedure and directed the present petitioner to make payment of Rs. 84,650/- to the petitioner by four equal installments within four months from the date of the order.

7. Impugned order has been assailed by the Learned Counsel appearing for the petitioner on various grounds. According to his contention the Learned Magistrate has committed error both in law and in facts. At the time of passing the impugned order, Learned Magistrate overlooked the facts that the present petitioner is a married person having five daughters and his marriage was solemnized in the year 1967 with one Annapurna Giri. In the year 1981, the petitioner had to undergo vasectomy operation at Block Primary Health Centre of Midnapur District. After the said vasectomy operation, the petitioner got his seamen test and said test indicated the operation was successful.

8. Learned Advocate has specifically contended that Learned Magistrate ought to have considered that after successful vasectomy operation in the year 1981, the question of becoming father of the daughter of the petitioner in the year 1982, does not arise at all. The claim of the present opposite party that the petitioner is the father of her daughter is totally false and baseless.

9. In support of his contention, Learned Counsel for the petitioner has placed his reliance on Annexure 'A' and 'B' at pages 16 and 17 respectively and also at page 18 of his application under Section 401 read with Section 482 of the Code of Criminal Procedure.

10. Learned Advocate for the petitioner has further contended that the petitioner in the year 1994, initiated one suit being O.S.No.193 of 1994 before the Court of the then Learned Munsif, Dantan, Paschim Medinipur, against the opposite party and her daugh