AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This is a revision under Sections 397/401, Cr. P. C. against the order dated 7-6-99 passed by the Judge, Family Court, Agra under Section 125, Cr. P. C. by which he awarded the maintenance of Rs. 500 per month to the opposite party No. 2 from the applicant from 3-3-92 i. e. from the date of application.

(2.) I have heard Sri Nasiruzzaman, learned counsel for the applicant Sri V. S. Kushwaha, learned counsel for the op posite party No. 2 and have gone through the record.

(3.) IT is also contended that opposite party No. 2 is also earning her livelihood and is not entitled to maintenance. Copy of the statement of Manoj son of applicant has been filed. Manoj has admittedly been living with opposite party No. 2. He has stated that opposite party No. 2 is working in the Bungalows, but has denied the sug gestion that she is earning Rs. 500 600 per month. In my opinion from working at the Bungalow opposite party No. 2 cannot earn sufficient amount for her livelihood. IT cannot be accepted that she is earning livelihood.