SITA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision under Section 397, Cr. P.C. against an order dated 21.12.1995 passed by the learned Family Court, Varanasi in Criminal Case No. 494 of 1995, Smt Sita Devi Banarasi The contention of Smt. Sita Devi was that she was illtreated by her husband and his family members. She was turned away for non-fulfilment of the demand of dowry. Therefore, she prayed for sufficient means to maintain herself.

(2.) THE opposite party respondent No. 2 filed a written statement in which he specifically stated that Smt. Sita Devi has illicit relations with Gopal. Gopal was seen visiting his house on several occasions. THE civil litigation started on the same question, i.e., divorce petition. THE main thrust is that the lady was leading an adulterous life and has illicit relations with Gopal. THE Family Court Judge relied upon the judgment of the High Court in civil matters. In First Appeal No. 103 of 1996, decided by a Division Bench of this Court on 28.2.1996, at the preliminary stage of the admission, the operation of the lower court's order was stayed, in which a finding on the point of adultery has been arrived. However, the matter has been finally decided by another Division Bench of this Court on 24.9.1996 in which it has been held that the charge of adultery levelled against the wife by the husband has not been proved.