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2019 Supreme(Pat) 755

AHSANUDDIN AMANULLAH
Nisar Ahmed @ Nesar Ahmed, Son of Late Abdul Lateef – Appellant
Versus
Shabnam Khatoon, Wife of Nisar Ahmed, Daughter of Md. Shamim – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rashid Rais, Adv.
For the State : Mr. Jharkhandi Upadhyay, APP, Mr. Rajesh Kumar Singh with Mr. Sanjay Kumar Jha, Advs.

JUDGMENT :

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 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.

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