IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 3386 OF 2013 BETWEEN:
Kenganna, S/o. Dodderaiah, Aged: 38 years, R/a Bangari Hatti, Bukkapatna Hobli, Sira Taluk – 572 137. …Petitioner (By Sri S.N. Bhat, Advocate) AND:
Puneeth Kumar Aged: 8 years Respondent is the minor represented by his natural guardian Smt. Rajamma, D/o. Ningappa, R/a Bangari Hatti, Bukkapatna Hobli, Sira Taluk – 572 137. ...Respondent This Criminal Petition is filed u/s 482 of Cr.P.C., praying to quash the order dated 7/8.05.2013 passed by the Fast Track Judge, Tumkur in Crl. R.P. No. 56/2011, confirming the order dated 19.03.2011 passed by the Civil Judge & JMFC, Sira, in C.Misc.No.69/2010.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner.
2. Petitioner is aggrieved by the concurrent orders passed by the Courts below on the application filed by respondent for grant of maintenance under Section 125 of Cr.P.C.
3. Both the Courts below have recorded a finding that petitioner No.1 who is not a party to this petition was not the legally wedded wife of petitioner herein and hence, claim made by her for grant of maintenance was rejected. However, in so far as the respondent herein is concerned both the Courts have held that he is illegitimate son born to the petitioner herein through petitioner No.1. In support of this finding, both the Courts have placed reliance on Ex.P2- School Certificate and Ex.P3-Birth Certificate of the respondent herein. Therefore, the said factual findings cannot be faulted with. Under law, even the illegitimate child is entitled for maintenance. As a result, no justifiable grounds are made out to interfere with the impugned orders.
Accordingly, petition is dismissed.
Sd/- JUDGE SV