NIRMAL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The opposite party No. 2 moved an application against the revisionist under Sec. 125, Cr. P.C. On that application she has been awarded maintenance @ Rs. 500 per month by Principal Judge, Family Court, Kanpur (Nagar) by order dated 3.8.1999. Aggrieved by it, the present revision has been preferred.

(2.) I have heard Sri Saghir Ahmad, learned Counsel for the revisionist, Sri A.K. Tiwari, learned Counsel for the opposite party No. 2 and the learned A.G.A. and have gone through the record. The affidavits have been exchanged.

(3.) It is contended that the revisionist is ready to keep the opposite party No. 2. However, the opposite party No. 2 has claimed separate residence and maintenance on the ground of cruelty and ill treatment by the revisionist. The entire evidence has been considered. The revisionist also filed a suit for restitution of conjugal rights but later on it was got dismissed on 5.10.1998, by order Annexure CA-1 passed by principal Judge, Family Court, Kanpur (Nagar). In the circumstances there was sufficient ground for separate residence and maintenance.