Neutral Citation No. - 2025:AHC:79762 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3694 of 2025 Applicant :- Vimlesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajesh Kumar Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 04.10.2024, passed by learned Additional Principal Judge, Family Court No.1, Azamgarh, in Case No. 102 of 2019 (Vimlesh Vs. Sundari), Police Station - Raunapur, District - Azamgarh, whereby the application filed by the applicant under Section - 127 Cr.P.C. has been rejected. 3. Learned counsel for the applicant submitted that impugned order is against facts and law and thus liable to be set aside. The opposite party no.2 has filed a case under Section - 125 Cr.P.C. by concealing material facts and that case was decided by ex-parte judgment dated 07.06.2017, granting maintenance to the opposite party no.2. It was submitted that the opposite party no.2 was having illicit relations with some other person and applicant is not the biological father of the girl child born to the opposite party no.2. It was submitted that marriage of applicant with opposite party no.2 has taken place on 11.03.2015 and said child was born on 25.08.2015. Mentioning these facts, applicant has moved an application under Section - 127 Cr.P.C. for cancellation of order of maintenance but the same has been rejected by the Family court in an arbitrary manner. Referring to facts of the matter, it was submitted that impugned order is liable to be set aside. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that there is no illegality or perversity in the impugned order. The said girl child was born to the opposite party no.2 at her matrimonial home. It was stated that birth of a child during continuance of a valid marriage between his mother and her husband is considered to be conclusive proof that he is legitimate son of that man. It was submitted that learned Family Court has considered facts of the matter as well as position of law and the application of applicant was rejected by a reasoned order dated 04.10.2024. No material illegality or perversity could be pointed out in the impugned order 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicant is husband of the opposite party no.2, who was granted maintenance by ex-parte judgment dated 07.06.2017. It appears that instead of challenging the said order in revision or filing an application under section - 126 (2) Cr.P.C. to recall the same, the applicant has preferred application under section - 127 Cr.P.C. mainly on the ground that applicant is not the biological father of the girl child born to the opposite party no.2. From provisions of Section - 112 Evidence Act, it is clear that birth of a child during continuance of a valid marriage between his mother and her husband is considered to be conclusive proof that he is legitimate son of that man, unless it is shown that parties to the marriage have no access to each other at any time when the child could have been begotten. Though, the said presumption is rebuttable by evidence of non- access during possible period of conception. In the instant matter, learned Family Court has observed that as per written arguments of applicant, their marriage has taken place on 03.01.2015 and thus said child was born after 7 months 25 days in the hospital through operation and thus, pre-mature delivery of child is not ruled out. Learned Family court has considered all relevant facts and position of law and the application was dismissed by a reasoned order. No material illegality or perversity could be shown in the impugned order. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. Hence, the instant application under Section - 482 Cr.P.C. is liable to be dismissed. 7. At this stage, learned counsel for the applicant submitted that there is possibility of compromise between the parties. In this connection, it is stated that if the parties compromise the matter they may approach the Family court concerned in accordance with law. 8. With the aforesaid observations, the instant application under Section - 482 Cr.P.C. is dismissed. Order Date :- 15.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad