VIRGIN MOTHER GETS JUSTICE

Court orders man to give maintenance to a newborn

After a long legal battle Ms Afruza Khatun has been able to get her child the maintenance allowance from its 'father'. On Monday, the Judicial Magistrate of Cooch Behar Third Court Md Mahiullah ordered the 'father', Mr Janab Ali to pay a maintenance allowance of Rs 1,200 per month to the child of the unmarried woman.

The lawyer of Ms Afruza Khatun, Mr Shibendra Nath Ray said Ms Afruza of Ghoramara Sajerpar under Cooch Behar Kotowali police station gave birth of her child on 9 March 2009 at MJN Hospital in Cooch Behar. She had a love affair with a local man Mr Janab Ali. But, the man denied admitting the fatherhood of the newborn on 16 March 2009 when she went to his residence with locals. Earlier too, she lodged a complaint to the police during her pregnancy (Kotowali PS case No. 75/2008) when the man drove her out as she claimed the man to admit paternity for the would-be child.

As she felt it hard to maintain the child she lodged a case (Misc. case No. 229/2009 u/s 125(1) (b) CrPC) at the court of the CJM in Cooch Behar on 29 December 2009 claiming maintenance allowance and recognition of paternity for the child. It is interesting that the woman never claimed that the man should marry her or she entered marital relation with him. She only demanded paternity right for the child she gave birth and the maintenance, Mr Ray said.