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2005 Supreme(Ori) 186

A.K.PARICHHA
Udayanath Sahoo – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. S. K. Dash, B. Mohapatra, S. Dash & Ms. A. Dhalsamant
For Opp.Parties:M/s. M. Mishra, P. K. Das and J. Panda

JUDGMENT

A. K. PARICHHA, J. — Opp.Party No.1 claiming herself to be the legally married wife and opp.party No.2 as the minor daughter of the petitioner filed an application under Section 125, Crimi¬nal Procedure Code (in short, “Cr.P.C.”) before the learned S.D.J.M., Phulbani claiming a maintenance of Rs.600/- per month for opp.party No.2. In that petition the opp.parties claimed that the marriage of opp.party No.1 with petitioner was solemnized on 20th of February, 1980 in Cuttack Chandi Temple at Cuttack and opp.party No.2 was born out of the said wedlock on 27.2.1983. They alleged that the petitioner neglected to maintain them and finally deserted them with effect from 15th June, 1985 and is not paying anything for their maintenance. Opp.Party No.1 indicated that though she is employed in the Telephone Department, her income is not sufficient to maintain the minor daughter-opp.party No.2 and so the petitioner, who is the father of opp.party No.2, should pay maintenance to opp.party No.2.

2. The petitioner filed objection to the application for maintenance of opp.parties disputing the marriage with opp.party No.1 and the paternity of opp.party No.2. He alleged that opp.party No.1

























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