- (1.) S. C Jain, J. This revision petition is directed against judgment and order dated 26-4-1994 passed by Sri S. C. Tiwari, Judge, Family Court, Kanpur Nagar in Case No. 152 of 1992, Smt. Anjali alias Rekha v. Vijai Kumar Agrawal) awarding a maintenance of Rs. 300 per month to the wife, Smt. Anjali alias Rekha.
(2.) SMT. Anjali alias Rekha Agrawal, being a legally wedded wife of the applicant, Vijai Kumar Agrawal, the applicant herein, filed a petition under Section 125, Cr. P. C. for grant of maintenance alleging therein that she has no independent source of income for her maintenance and she has been neglect ed by the husband and she is not being maintained by him. It has also been alleged that from the first date of marriage she found her husband to be impo tent and was not capable of performing her marital obligations. That applica tion was filed before the Judge, Family Court, Kanpur Nagar. After appreciating the submissions made by the parties learned counsel and on the basis of the materials available on record the Judge, Family Court Kanpur Nagar awarded Rs. 300 per month as maintenance to the wife by his order dated 26-4-1994. Feeling aggrieved, this revision petition has been filed by the husband before this Court.
(3.) THE first submission made by the learned counsel for the applicant is that the Judge, Family Court, Kanpur Nagar had no jurisdiction to entertain that petition to award maintenance. THE residence of the wife being a student at Kanpur was only temporary and, therefore, this fact could not give jurisdic tion to the Family Court at Kanpur Nagar. The second submission made by the learned counsel for the applicant to that the factum of impotency has not yet been established inasmuch as a petition for nullity of marriage on the ground of impotency filed by the wife is still pending for disposal and unless and until it is so held, he cannot be termed as impotent. According to the learned counsel (of the applicant though he has not opposed passing of the decree of nullity in the petition by him.;