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2014 Supreme(Chh) 238

SANJAY K.AGRAWAL
Dwarika Halba – Appellant
Versus
Savitri Bai – Respondent


Advocates Appeared:
Shri P.P. Sahu, Counsel for the petitioner.

ORDER

1. Feeling aggrieved and dissatisfied with the order dated 11.04.2012, passed by Additional Principal Judge, Family Court, Balod, District Durg, in Misc. Criminal Case No. 83 of 2010, instant criminal revision has been preferred by the petitioner/husband against the respondents [wife and daughter Ku. Durgeshwari].

2. The core facts necessary for disposal of this revision are as under:

2.1 That the respondents herein jointly filed an application under Section 125 Cr. P.C seeking maintenance stating inter alia that petitioner had forcefully committed sexual intercourse with her and on that account, she became pregnant and gave birth to a female child i.e. respondent No.2/Durgeshwari herein. It was further alleged that offence under Section 376, 506 IPC was also registered against the petitioner in which he was acquitted by the competent criminal court.

2.2 The Petitioner replied the said application stating inter-alia that he is not the father of respondent No.2 by disputing his paternity, and pleaded that he was falsely implicated in that criminal case and he has rightly been acquitted by the said court.

2.3 The family court by its order impugned dated rejected the applicat











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