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1997 Supreme(All) 409

P.K.JAIN
MOHD. ISMAIL – Appellant
Versus
. BILQUEES BANO – Respondent


Advocates Appeared:
G.S.Bisariya, Satish Trivedi

P. K. JAIN, J.


( 1 ) HEARD Sri Satish Trivedi, learned counsel for the revisionist. None appears for opposite party Smt. Bilquees Bano.

( 2 ) THIS revision is directed against the judgment and order dated 21-2-1984 passed by Sri U. C. Dhyani, IInd Addl. Munsif Magistrate (First Class), Bareilly allowing maintenance allowance to the opposite party Smt. Bilquees Bano at the rate of Rs. 150. 00 per month and at the rate of Rs. 100. 00 per month to her son Mohd. Shaheb Alam from May, 1982.

( 3 ) THE sole question raised in this revision is whether in view of the admitted facts between the parties Smt. Bilquees Bano was entitled or not to the maintenance allowance. It may be made clear at the very out set that so far as Mohd. Shaheb Alam is concerned, admittedly he was born out of the wedlock between the revisionist and opposite party Smt. Bilquees Bano. At the time of moving of the application under Section 125, Cr. P. C. he was around 6 months old. He has not been made party to the present revision nor there is any justification for setting aside the order of maintenance so far as it relates to Mohd. Shaheb Alam.

( 4 ) SO far as Smt. Bilquees Bano is concerned, findings of fact of the






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