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2019 Supreme(HP) 494

ANOOP CHITKARA
Tara Devi – Appellant
Versus
Kumari Uma Devi – Respondent


Advocates:
Advocate Appeared:
Peeyush Verma, Adv., Pratap Singh Goverdhan, Adv.

JUDGMENT :

Anoop Chitkara, J.

Challenging the order of release of maintenance to minor children, born from another woman, granted to them during the lifetime of their father, his widow and son admittedly from the lawful marriage, have come up before this Court, by way of filing a petition under Section of 482 Cr.P.C. seeking reversal of the orders passed by Judicial Magistrate Kandaghat, Solan, HP, and affirmed by the Sessions Judge, Solan, HP, ordering the release of arrears to the children, payable from the Estate of their deceased father.

2. The facts apposite to decide the present controversy trace their origin to the Petition No.34/4 of 07/2005, decided on 17.9.2012, by Judicial Magistrate 1st Class, Kandaghat, District Solan, H.P. under Section 125 of the Cr.P.C. This petition under Section 125 of Cr.P.C. was filed by Leela Devi claiming herself to be the wife of Bhagwan Singh; and her two minor children, namely, Kumari Uma Devi and Master Narinder Singh, claiming themselves to have been born due to coitus between Bhagwan Singh and Leela Devi during the subsistence of their marriage. Leela Devi had stated in the said petition that she was married to Bhagwan Singh somewhere aroun

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