SHARDABEN PANKAJKUMAR VYAS Vs. PANKAJKUMAR SURESHCHANDRA VYAS

JUDGEMENT

(1.) Main question in focus in this petition is whether the petitioner-original applicant is entitled to claim maintenance from opponent No. 1, as a wife under Sec. 125 of the Criminal Procedure Code ('Code' for short), as the claim of maintenance is rejected by the learned Judicial Magistrate, First Class at Surat, in Criminal Maintenance Application No. 12 of 1983, on 19-8-1987, holding that the petitioner-wife has failed to establish factum of marriage with respondent No. 1-husband.

(2.) Having examined the facts and circumstances and the evidence, on record, in light of the relevant propositions of law, impugned order of the trial Magistrate is found, with due respect, to be perverse, unjust and patently illegal. Therefore, this Court is inclined to interfere with the impugned judgment and order passed by the learned trial Magistrate for the reasons which this Court hastened to articulate appreciating well and keeping in mind the limited jurisdictional sweep and scope permissible and available in this revision petition under Secs. 397 and 401 of the Code. Ordinarily, impugned order relating to factual aspect should not be disturbed in a revision like one on hand under the provisions of the Code, unless it is shown, successfully, that the impugned order is perverse, unjust and illegal indicating nonapplication of mind to the vital factual aspects of the case. This is a fit case for interference, wherein, the impugned order is found not only unjust and perverse but patently illegal.

(3.) The petitioner wife is the original applicant who filed an application under Sec. 125 of the Code for her maintenance at the rate of Rs. 500.00 per month from respondent No. 1 husband-Pankajkumar Sureshchandra Vyas, inter alia, contending that she is a deserted wife and is unable to maintain herself. She is hereafter referred to as the 'original applicant' and respondent No. 1-Dr. Vyas as 'original opponent' for short.