Case Note & Summary
The case involves a criminal revision application filed by Murali s/o Bansi Luderkar against the judgment and order dated 12.11.2007 passed by the Family Court No.2, Nagpur in Petition No. E/448/1999. The petition was filed by Shubham Murali Luderkar, a minor, through his mother and natural guardian Sau. Chhotibai Murli Luderkar, claiming maintenance from the revision applicant (father) under Section 125 of the Code of Criminal Procedure, 1973, on the ground that he had refused and neglected to maintain his son. The Family Court ordered the revision applicant to pay Rs. 800/- per month as maintenance to his son with effect from 25.11.1999 and costs of Rs. 2,000/- payable to the mother. The revision applicant challenged the order primarily on the ground that he had disputed paternity of the child, pointing to a hospital record (Form No.7) from Government Medical College and Hospital, Nagpur, where the father's name was mentioned as 'Shri Ramesh Manahare'. He contended that the trial court did not consider this evidence. On behalf of the respondents, it was submitted that the mother, during her deposition and cross-examination, clarified that she took treatment from Indira Gandhi Hospital and Government Medical College, Nagpur, and that it was the revision applicant himself who admitted her for delivery and mentioned the name of the father (wrongly) in the hospital records. The court considered the submissions and held that the revision applicant cannot take advantage of his own wrong in mentioning a wrong name in the hospital record. The court found no merit in the revision and dismissed it, upholding the maintenance order.
Headnote
A) Family Law - Maintenance - Section 125 CrPC - Paternity Challenge - The father challenged paternity of the child based on hospital record mentioning another person as father - The mother explained that the father himself gave the wrong name at the hospital - Held that the father cannot take advantage of his own wrong in mentioning a wrong name - Maintenance order upheld (Paras 2-3).
Issue of Consideration
Whether the Family Court was justified in awarding maintenance to the minor son despite the father's challenge to paternity based on hospital records showing a different name.
Final Decision
The revision application is dismissed. The judgment and order dated 12.11.2007 passed by the Family Court No.2, Nagpur in Petition No. E/448/1999 is upheld.
Law Points
- Maintenance under Section 125 CrPC
- Paternity challenge
- Burden of proof
- Estoppel
- Own wrong cannot be advantage
