MUNNI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been directed against the judgment and order of Special Judge, Bijnor, dated 7.11.83 passed in Criminal Revision No. 84 of 1983. By that judgment, the learned lower Revisional Court has allowed the revision and dismissed the application for maintenance filed by Smt. Munni Devi for her and her children. Learned Munsif Magistrate, Nagina in Case No. 24 of 1983 allowed the application for maintenance of Smt. Munni Devi and others and awarded Rs. 150 towards maintenance.

(2.) THE learned lower appellate court dismissed the application on the ground that the factum of second marriage of Kulvir Singh has not been proved and the finding of learned Magistrate was perverse.

(3.) LEARNED counsel has also referred to a copy of the Family Register (B- 29) in which it was recorded that Omwati was the wife of Kulvir Singh. LEARNED counsel has also submitted that the learned Sessions Judge did not discuss this part of the evidence and gave the findings arbitrarily. With regard to the power of revisional Court to discuss the evidence and re-assess the evidence of the trial court, learned counsel has referred the case of Smt. Pathumma and another v. Muhammad, AIR 1986 SC 1486, wherein it is held that questions to whether the applicant was married wife or whether child was an illegitimate child were permanently questions of fact the High Court was not justified in substituting its own view for that of Magistrate on question of fact.