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Judgment
K.T. Thomas J.-It is admitted that a sum of Rs 60,000 is due pursuant to the order passed on 7-7-1992 under Section 125 of the Criminal Procedure Code. The contention of the respondent Mr G.S. Bajwa is that the said order is not sustainable and is under challenge. It is also admitted that Indian Air Force has deposited a sum of Rs 2,86,000 (two lakhs eighty-six thousand around) with the Registry of this Court. The respondent claims that amount to be his whereas the learned Senior Counsel for the Union of India submits that it is possible to establish that he is not entitled to that amount. At present we do not wish to go into the above contentions. However, it is an admitted fact that during the wedlock between the respondent and the applicant (Mrs Kamaljeet Bajwa) two children were born and the maintenance allowance had been granted in respect of those two children. We cannot permit the children to starve simply because the respondent persists with his contentions regarding the paternity of those children. The finding made by the Magistrate in the proceedings under Section 125 CrPC would hold good prima facie. In these circumstances we direct the Registry to disburse Rs 60,000 (from the aforesaid deposit of 2.86 lakh rupees) in favour of the applicant Mrs Kamaljeet Bajwa who is admittedly the mother of those two children on her furnishing security to the satisfaction of the Registrar-General. She undertakes to return this amount in case the final decision in this appeal goes against the respondent and in favour of the Union of India. We make it clear that in case the final decision goes against the Union of India the amount now given to the children need not be refunded. IAs Nos. 11-12 are disposed of accordingly.
IA No. 13 is dismissed.