LAWS(ALL)-1999-4-52

MOHD NAYEEM ANJUM Vs. STATE OF U P

Decided On April 12, 1999
MOHD NAYEEM ANJUM Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri S. C. Tiwari, learned counsel for the applicant, Sri A. P. Tiwari, learned counsel for op posite parties No. 2 and 3 and the learned A. G. A.

(2.) THE applicant is the father of op posite parties No. 2 and 3, who are minors. THEy moved an application under Section 125, Cr. P. C. through their mother, on which the maintenance allowance of Rs. 100/- each was granted to them. On their subsequent application under Section 127, Cr. P. C. through their mother the main tenance allowance has been enhanced to Rs. 500/- each by the impugned order dated 4-3-98 by the Principal Judge, Family Court, Kanpur Nagar. Aggrieved by that order, the present revision has been filed.

(3.) THE revision is accordingly allowed and the impugned order dated 4-3-98 is set aside. THE matter is sent back for re-decision on the application under Section 127, Cr. P. C. of the opposite parties No. 2 and 3 along with the application of the applicant for setting aside the order of maintenance. Revision allowed. .