Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s. 125 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:s. 125 - Minor claiming maintenance through her mother from respondent on the ground that she was his daughter as she was born out of his relation with her mother - Trial Court allowed maintenance holding that she was illegitimate daughter of respondent - High Court reversed the order of trial Court - Interference under Art. 136 - Held: Interference called for on facts of the case - High Court erred in reversing the findings recorded by trial Court on the basis of statement of mother of applicant and several other witnesses - Constitution of India, 1950 - Art.136.The appellant filed an application under s.125 Cr.P.C. through her mother PW-1 claiming maintenance of Rs.500 p.m. from the respondent alleging that he was her father as she had been born out of a relationship between him and her mother. The trial Court allowed the application holding that appellant was the illegitimate child of respondent. Respondent filed revision before High Court which was allowed. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 1057 |
Petitioner | Dimple Gupta (minor) |
Respondent | Rajiv Gupta |
SCR | [2007] 11 S.C.R. 213 |
Judgement Date | 2007-10-12 |
Case Number | 1139 |
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