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On 03.03.2018, Learned Magistrate disposed of the said application under Section 125 of the Code of Criminal Procedure and directed the present petitioner to make payment of Rs.84,650/- to the petitioner by four equal instalments within four months from the date of the order.
Impugned order has been assailed by the Learned Counsel appearing for the petitioner on various grounds. According to his contention the Learned Magistrate has committed error both in law and in facts. At the time of passing the impugned order, Learned Magistrate overlooked the facts that the present petitioner is a married person having five daughters and his marriage was solemnized in the year 1967 with one Annapurna Giri. In the year 1981, the petitioner had to undergo vasectomy operation at Block Primary Health Centre of Midnapur District. After the said vasectomy operation, the petitioner got his seamen test and said test indicated the operation was successful.
Learned Advocate has specifically contended that Learned Magistrate ought to have considered that after successful vasectomy operation in the year 1981, the question of becoming father of the daughter of the petitioner in the year 1982, does not arise at all. The claim of the present opposite party that the petitioner is the father of her daughter is totally false and baseless.
In support of his contention, Learned Counsel for the petitioner, has placed his reliance on Annexure 'A' and 'B' at pages 16 and 17 respectively and also at page 18 of his application under Section 401 read with Section 482 of the Code of Criminal Procedure.
From the materials placed on record, it appears that the present petitioner has totally denied the factum of his marriage with the opposite party and his access with the opposite party. Present petitioner has laid emphasis on the vasectomy operation at Bagda Block Primary Health Centre, Medinipur, in the year 1981 and trying to impress upon the Court that after successful vasectomy operation in the year 1981, the question of his becoming father in the year 1982 does not arise at all.