SURENDRA KUMOR YADAV Vs. ASHA DEVI

JUDGEMENT

(1.) B. L. Yadav, J. This revision is directed against the order, dated 30th June, 1984 passed by 1st Additional Judicial Magistrate (Special Court-Economic Offences), Allahabad allowing the application for maintenance filed by the opposite party No. 1 Smt. Asha Devi and awarding a sum of Rs. 150/- to the wife and Rs. 100/- to the son as maintenance.

(2.) SHRI S. D. N. Singh learned counsel for the applicant strenuously urged that the alleged admission of the applicant that the second marriage is admitted, may be excluded and thereafter there remains no reliable evidence in support of the case of the opposite party and that the findings of the learned Magistrate were not correct as the evidence of P. W. 1 and P. W. 2 was not reliable. It was further urged that the amount of maintenance was excessive.

(3.) I am of the view that scope and ambit of the revision is not so comprehensive as of an appeal. The propriety of the order and illegality in the impugned order arc main considerations in view of provisions under Sections 397/401 of the Code. Re-assessment of the evidence in not the scope of the Revision, provided that court below has properly appreciated and discussed the evidence on record. The assessment of evidence has been correctly made by the learned Magistrate and even after excluding the admission made by the applicant there is sufficient evidence (statements of P. W. 1 and P. W. 2) in support of the fact that the applicant has remarried.