MUHSTAQ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 4.12.1995 passed by Principal Judge, Family Court, Kanpur Nagar in Case No. 397 of 1994 Under Section 125 Cr.P.C. granting maintenance allowance to Smt. Nagina Khatoon opposite party No. 2 and her son at the rate of Rs. 500/- per month from the date of the application. Smt. Nagina Khatoon is admittedly the - legally wedded wife of the revisionist. Zeeshan is admittedly their son.

(2.) The application was filed on the ground of cruelty alleging that she was married to the revisionist in the year 1990 but he started beating her and treating her cruelly asking her to bring refrigerator and other articles in dowry which her father was unable to afford and, therefore, she was forced to leave his house. The revisionist contested the application denying the allegations made in the appplication and stating that the opposite party No. 2 is the only daughter of her parents that she and her parents insisted that she should reside with his in-laws to which he did not agree and, therefore, opposite party No. 2 left his house and started living with her father. He filed a suit for restitution of conjugal rights and as counter blast to it she filed the application under Section 125 Cr.P.C.

(3.) The Trial Court believed the version of the opposite party No. 2 and granted the maintenance allowance at the rate of Rs. 500/- per month from the date of application. Aggrieved by it the husband has come to this Court in revision.