MATTI DEVI Vs. RAM SHAKAL

JUDGEMENT

(1.) This revision is directed against the order dated 19.3.83 passed by Vth Additional Sessions Judge allowing the revision and setting aside the order dated 26.6.85 passed by Munsif Magistrate Deoria who allowed the application under Sec. 125 of the Criminal Procedure Code (for short the Code) and granted maintenance of Rs. 100.00 per month to the applicant wife and Rs. 50.00 to the minor child who was fourth in order.

(2.) Heard learned counsel for the applicant and counsel for the Opposite Party. The applicant has filed an application under Sec. 125 of the Code with allegation that she was married to the opposite party and has got four children but the opposite party the husband behaved with cruelty and has turned her out and she is unable to maintain herself and her children hence she has claimed maintenance amount. The Munsif Magistrate has recorded a finding of fact that the applicant was married to the opposite party and has four children and that the applicant was not living a life of unchaste woman as alleged by the husband the Opposite party. These findings of fact could not have been set aside in the exercise of the revisional jurisdiction by the learned Sessions Judge. In Pathuma Vs. Mohan Lal (AIR 1968 SC 1436) the scope of the revision in proceeding under Sec. 125 of the Code has been indirected by the Specl. Court and it has been held that the findings of fact recorded by the trial court must not be set aside in the revision. In the instant case the applicant being married wife of the Opposite party and four children were born out of the wedlock of the applicant and opposite party and applicant was not living a life of unchaste lady and she was unable to maintain her, were findings of fact which could not have set aside in the revision hence the impugned order passed in revision dated 19.3.1986 cannot be sustained.

(3.) In the result the revision succeeds and is allowed the order dated 19.3.1986 is set aside and that the order dated 28.6.85 passed by Munsif Magistrate is maintained. Revision allowed.