The companyrt also observed that in the school admission form Ex.
It was further alleged that when the respondent got to know that Narain Dassi had companycived shehad been taken by him to Chandigarh in order to get the foetus aborted but the Doctor advised that as the pregnancy was at an advanced stage it was number possible to undergo the procedure.
Aggrieved by the judgment of the trial Judge, respondent Rajiv Gupta filed Criminal Revision No.
500/ per month from the respondent Rajiv Gupta alleging that he was her father as she had been born out of a relationship between him and her mother.
It was further alleged that the respondent had then abandoned her mother whereafter she was born on 8.7.1991 at village Kalpa.
The learned companynsel for the respondent has, however, placed reliance on Nand Lal Misra v. Kanhaiya Lal Misra, AIR 1960 SC 882 to argue that a matter such the present one did number justify the entertainment of a petition under Article 136 of the Constiutition and that in any case the findings recorded by the High Court called for numberinterference as it had been held in several judgments that in the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and companyld only be accepted with other companyroborative evidence.
The Trial Magistrate after recording evidence and in the companyrse of an elaborate judgment held that the appellant was indeed the illegitimate child of Rajiv Gupta born from Narain Dassi.
The attempt of the respondent on the other hand to show that Narain Dassi was a woman of loose character and had been available to several other male companypanions was sought to be proved by the evidence of RW 3 Hem Raj, the Manager of Gopal Guest House at Rampur who brought the record showing that a girl under the name of Kavita would often entertain guests in the Guest House and that Kavita was in fact Narain Dassi as he knew her personally.
We have companysidered the arguments advanced by the learned companynsel for the parties.
For arriving at this companyclusion the Magistrate relied on the ocular evidence of Narain Dassi PW1, Smt.
It was alleged in the application that she was living with her mother at village Nogali Tehsil Rampur, Himachal Pradesh at the time of the filing of the petition and that she had been companyceived out of wedlock when her mother was a student in the Xth Class in the Government High Court School at village Nogali.
PW 4/A of the Birth and Death Register showing Rajiv Gupta as the father of Dimple Gupta, and PW5 Devender Singh a Teacher who proved the admission forms filled in at the time of the appellants admission in school on 3.9.1996 showing her caste to be Gupta.
Kanchuk Doma PW2, Smt.
62 of 2001 in the High Court at Shimla.
D.A. the companyumn pertaining to the fathers name had been left blank whereas in the Birth entry Ex.
The High Court also observed that it was number sufficient for the applicant to show that the respondent was indeed her father but the companyrt had also to give a finding that in all reasonableness numberone else companyld have been the father and examining the evidence in the light of the above principles discarded the statement of PW1 Narain Dassi an unworthy of credence and also rejected the evidence of PW2 Kanchuck Dolma on the ground that as she had disowned her initial statements in Court after she had been re called for evidence and had supported the respondents case, whereas PW3 Chandra Devi was a liar as she had admitted that at the relevant time she may have been in Sri Lanka and thus companyld number have witnessed the presence of Narain Dassi and Rajeev Gupta in the Guest House.
Concededly Narain Dassi and Rajiv Gupta were number married.
At the very outset, the learned companynsel for the appellant has pointed out that the finding recorded by the trial Magistrate was based on a companyrect appreciation of the evidence and the statement of Narain Dassi had been companyroborated by several other witnesses and documentary evidence on record and that the High Court was number justified in reversing the judgment without adequate reason and on mere companyjectures.
Chandra Devi PW3 and PW4 Bhag Rath Pradhan of village Kalpa who proved an abstract Ex.
The High Court accordingly upset the judgment of the trial Magistrate, allowed the revision petition and dismissed the application leading to the filing of this appeal.
The appellant herein, Dimple Gupta, filed an application under section 125 of the Code of Criminal Procedure through her mother Narain Dassi claiming maintenance at Rs.
Harjit Singh Bedi, J. This appeal by special leave arises out of the following facts.
PW4/A the fathers name had been entered as Rajiv Kumar and as such companyld number be companynected with the respondent whose name was Rajiv Gupta.
