VIJAI KUMAR AGRAWAL Vs. ANJALI ALIAS REKHA AGRAWAL

JUDGEMENT

(1.) S. C Jain, J. This revision petition is directed against judgment and order dated 26-4-1994 passed by Sri S. C. Tiwari, Judge, Family Court, Kanpur Nagar in Case No. 152 of 1992, Smt. Anjali alias Rekha v. Vijai Kumar Agrawal) awarding a maintenance of Rs. 300 per month to the wife, Smt. Anjali alias Rekha.

(2.) SMT. Anjali alias Rekha Agrawal, being a legally wedded wife of the applicant, Vijai Kumar Agrawal, the applicant herein, filed a petition under Section 125, Cr. P. C. for grant of maintenance alleging therein that she has no independent source of income for her maintenance and she has been neglect ed by the husband and she is not being maintained by him. It has also been alleged that from the first date of marriage she found her husband to be impo tent and was not capable of performing her marital obligations. That applica tion was filed before the Judge, Family Court, Kanpur Nagar.

(3.) THE first submission made by the learned counsel for the applicant is that the Judge, Family Court, Kanpur Nagar had no jurisdiction to entertain that petition to award maintenance. THE residence of the wife being a student at Kanpur was only temporary and, therefore, this fact could not give jurisdic tion to the Family Court at Kanpur Nagar.