Rajiv Gupta v. Kumari Dimple Gupta : 2022 Cri.L.J 493 : 2002 (2) RCR: (Cri) 425 : 2002 (2) AICLR 798 : 2002 (2) DMC 1 : 2002 (2) Mar.L.J 121 : 2001 (3) ShimLC 381 : (2002) 2 AICLR 798 : (2002) 1 CLJ(HP) 175 : 2001 LRC Online 206 (HP)
Section 125-Claim of maintenance by illegitimate child-Entitlement-only evidence of mother of respondent not corroborated either by direct or circumstantial evidence -It cannot be said that respondent is illegitimate daughter of petitioner- Impugned order granting maintenance to respondent liable to be set aside-Petition allowed.
Held : In the birth entry Ex. P.W. 4/A, the name of father of the respondent is mentioned as "Rajiv Kumar". No reliance can be placed on the same for the reasons, firstly, the name "Rajiv Kumar" appearing therein has not been connected with the respondent and secondly, the entries were got made by A.W. 1 herself. Therefore, the same is her own statement made before the Registering Authority. It cannot be accepted on its face value without further corroboration.
The evidence of A.W. 1 Narain Dassi, the mother of the respondent, has remained uncorroborated either by direct evidence or by circumstantial evidence. Therefore, it cannot be said that the respondent is the illegitimate daughter of the petitioner. The findings of the learned Magistrate which are to the contrary are bad and liable to be set aside.