- (1.) B. K. Rathi, J. The Judge Family Court, Azamgarh by an order dated 4-8-99 granted maintenance at the rate of Rs. 300/- cash per month from the date of application to opposite parties Nos. 2 to 4 under Section 125, Cr. P. C. Aggrieved by that order, the present revision has been preferred.
(2.) I have heard Sri D. K. Srivastava, learned counsel for the revisionist, Sri J. A. Azami, learned counsel for opposite par ties Nos. 2 to 4 and have gone through the record. The only argument raised by the learned counsel for the revisionist is that the judgment of the Judge Family Court is not a judgment in the eye of law. He has passed a telephonic order. He has not con sidered the evidence. Oral evidence has been adduced, but it was not considered and the order is not a speaking order. It is also contended that the ap plicant pleaded in his WS. that he has been given maintenance to opposite parties Nos. 2 to 4 through Smt. Taslim, his second wife and real sister of the mother of op posite parties. That Smt. Taslim was ex amined in the Court as D. W. 2 and the copy of her statement has been filed. It is con tended that in place of considering her statement, the learned Judge Family Court has mentioned that Smt. Taslim has not been examined.
(3.) AFTER considering the arguments, I am fully satisfied that the learned Judge Family Court has passed judgment without considering the evidence on record and going through the record. The order is wholly arbitrary. It is, therefore, fit to be set aside. The revision is, therefore, allowed and the impugned order dated 4-8-99 passed by the Judge Family Court, Azam garh is quashed. The matter is sent back to the Judge Family Court, Azamgarh for re- deciding the dispute after providing fresh opportunity to the parties to produce evidence and hearing arguments. How ever, the evidence on record shall, subject to just exceptions, be read as evidence after remand. The matter shall be decided expeditiously and the parties are directed to appear before the Judge Family Court, Azamgarh to receive further order. Revision allowed. .;