SHAKEEL AHMAD Vs. SMT. SHABINA AND ANOTHER

JUDGEMENT

(1.) This is a revision under Sec. 397/401 Crimial P.C. against the order dated 18.12.1998 passed in case No. 1126 of 1997 by Judge, Family Court, Bareilly by which he awarded a maintenance @ Rs. 400/per month to the respondent No. 1 and Rs. 200.00 for her minor daughter from the date of the application.

(2.) 1 have heard Sri A.P. Upadhyaya, brief holder for Sri Murlidhar, learned counsel for the revisionist, Sri K.N. Raha, learned Counsel for the respondent No. 1 and the learned A.G.A.

(3.) The contention of learned Counsel for the revisionist is that the respondent No. 1 is not ready to live with him and she has put a condition that she will live with the revisionist if he is ready to live separately from other family members. It is contended that revisionist has five other brothers and two unmarried sisters. All of whom are younger to him and he is liable to look after them. That he cannot start living separately. It is further contended that the learned Judge, Family Court has observed that the condition put by respondent No. 1 is not reasonable and proper. It is, therefore, contended that there is no ground for separate residence and maintenance.