JUDGMENT

This appeal in Crl.A.(MD)SRNo.32110 of 2023 is filed by the husband to set aside the maintenance order passed in M.C.No.8 of 2016 on the file of the Chief Judicial Magistrate, Kumbakonam, confirmed in Cr.R.P.No.69 of 2019 on the file of Additional District and Sessions Court, (FTC), Kumbakonam.

2. The appellant is the husband of the first respondent and father of the second respondent. The respondents filed M.C.No.8 of 2016 on the file of the learned Chief Judicial Magistrate, Kumbakonam. The appellant disputed both the marriage and the birth of the second respondent. He also filed Crl.MP.No.170 of 2016 before the learned chief Judicial Magistrate, Kumbakonam, for conducting DNA Test on the second respondent. The report clearly stated that the appellant is the biological father of the second respondent. The first respondent examined herself as P.W.1 and R.W.4 father John Bosco and the birth certificate Ex.P.4 are marked. Considering all evidence, both the Courts below gave a finding that marriage between the appellant and the first respondent proved and paternity of the second respondent also proved. Thereafter, both the Courts below granted maintenance of Rs.6,000/-. Challe