[Criminal Appeal No.24 of 2014 @Special Leave Petition (CRL.) No.8852 of 2008]. Petitioner happens to be the husband of respondent no. 1, LataNandlal Badwaik and alleged to be the father of girl child Netra alias NehaNandlal Badwaik, respondent no. 2, herein. The marriage between them was solemnized on 30th of June, 1990 at Chandrapur. Wife filed an application for maintenance under Section 125 of the Code of Criminal Procedure, but the same was dismissed by the learned Magistrate by order dated 10thDecember, 1993. Thereafter, the wife resorted to a fresh proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to asthe 'Code') claiming maintenance for herself and her daughter, inter alia, alleging that she started living with her husband from 20th of June, 1996and stayed with him for about two years and during that period got pregnant. She was sent for delivery at her parents' place where she gave birth to a girl child, the respondent no. 2 herein. Petitioner-husband resisted the claim and alleged that the assertion of the wife that she stayed with him since 20th of June, 1996 is false.
↧