NDLI: Dukhtarjahan Vs. Mohammed Farooq

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	High Court's jurisdiction under section 482 of the Code of Criminal Procedure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	A Code of Criminal Procedure, 1973, section 125, nature of proceedings under. B. High Court's jurisdiction under section 482 of the Code of Criminal Procedure-Whether could interfere with the concurrent findings of the courts below granting maintenance to the child/wife. C. Evidence Act, section 112-Rule of law under section 112 as to the legitimacy or otherwise of the child-Whether the factors that the child was born within seven months' time from the date of the marriage and that the illiterate mother had deposed the child was not born prematurely lead to the inference of suppression of the factum of the mother being enceinte at the time of marriage. The appellant and the respondent, who were already related as first cousins being the issues of two sisters, were married on 11.5.1973. The marriage lasted only for 17 months, since the respondent divorced the appellant on 16.10.1974. When the parties were in wedlock, the appellant delivered a female child on 5.12.1973. After the Respondent effected the divorce in October, 1974, the appellant filed a Petition under section 125 Criminal Procedure Code in the Court of the Special Judicial Magistrate No. 1, Rampur for grant of maintenance of Rs.50 p.m. to the child. The respondent refuted bis liability to provide maintenance to the child on the ground that be was not the father of the child and that the child had been conceived even before marriage and the appellant had suppressed the fact or her being enceinte at the time or the marriage. The Trial Magistrate after taking into consideration the evidence adduced in the case and the conduct of the parties held that since the child had been born when the parents were in wedlock and since the respondent had not discarded the wife or disowned the child forthwith but had waited for about 10 months to divorce the appellant, it would be reasonable to hold that the child should have been conceived to the respondent and as such he is by law obligated to provide maintenance to A the child. He accordingly awarded maintenance to the child Rs.30 p.m. as against the claim of Rs.50 p.m.A Revision Petition preferred against the order of the Magistrate to the Sessions Judge, Rampur proved of no avail and hence the respondent filed Criminal Misc. Petition No. 1816 of 1978 to the High Court or Calcutta under section 482 Cr. P.C. for quashing the order or maintenance. A Single Judge of the High Court allowed the petition and quashed the order of maintenance in favour of the child, by taking the view that since the child had been born in about 7 months time from the date of marriage and since the child was not claimed to be prematurely born it has to be necessarily held that the appellant should have conceived even before she married the respondent and consequently the respondent cannot be held to be the father of the child and called upon to pay maintenance to it. However the High Court granted a certificate under Article 134 (1)(c) read with Article 134A of the Constitution to the appellant to prefer an appeal for consideration of a question of law formulated as "Whether, in an application under Section 482 Cr. P.C. the High Court can interfere with concurrent findings rendered by the courts below."
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 17
Petitioner	Dukhtarjahan
Respondent	Mohammed Farooq
SCR	[1987] 1 S.C.R. 1086
Judgement Date	1987-01-20
Case Number	13

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