NISAR AHMED @ NESAR AHMED Vs. SHABNAM KHATOON

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) The petitioner has moved the Court under Section 19 (4) of the Family Courts Act, 1984 against the order dated 23.09.2015 passed by the Principal Judge, Family Court, Madhubani in M.R. Case No. 184 of 2012 by which the application filed under Section 125 of the Code of Criminal Procedure, 1973 by the opposite parties has been allowed and the petitioner has been directed to pay Rs. 2,500/- per month RS. maintenance to the opposite party no. 1, who is the wife, and Rs. 1,000/- to the opposite parties no. 2 to 4, who are his children, the total being Rs. 3,500/-.

(3.) Learned counsel for the petitioner submitted that it is the opposite party no. 1, who is not willing to live in the matrimonial home though is ever ready to keep her and the children with him. It was further submitted that the opposite party no. 1 wants the petitioner to leave his parents who are old. Learned counsel submitted that the petitioner is a worker in a tailoring shop. It was submitted that regarding income there is no evidence produced before the Court below. It was submitted that there is no landed property in his name. Shifting track he submitted that the father of the opposite party no. 1 is creating obstacles.