SUMAN TAMRAKAR Vs. VINOD KUMAR TAMRAKAR

JUDGEMENT

(1.) PETITIONER has filed this revision against the order dated 23rd July 2002 passed by Presiding Officer, Family Court, Sagar, in MJC No. 45/02, whereby the application filed by the petitioner under section 125 of the Code of Criminal Procedure was dismissed.

(2.) LEARNED counsel for the petitioner submitted that the findings given by the trial Court in para 9,11 and 12 are perverse. In para 9, learned trial Court found that the letters written by the petitioner Ex. D-4, D-5, D-7, D-8 and D-10 indicated that behaviour of the non-petitioner towards petitioner was cordial and that she herself had apologized for her behaviour. In para 11, learned trial Court placed reliance on letters Ex. D-13 and D-14 written by the petitioner admitting her illicit relations with Balram, Om Prakash and Arun Yadav. Trial Court observed that though the petitioner stated that the aforesaid letters were got written by her under the threat given by non-petitioner, but he on the basis of writing found that they were written under normal condition, voluntarily. In para 12, learned trial Court observed that the petitioner and her parents did not lodge any report with the police about the cruel behaviour of her husband and that he compelled her to write letters Ex. D-13 and D-14. On the basis of above findings, learned trial Court came to hold that petitioner was living separate out of her own accord, due to her old illicit affairs and that non-petitioner had never neglected her.

(3.) ON perusal of the evidence of petitioner before the trial Court, it appears that in para 20 of her deposition, though she admitted her writing in letters Ex. D-13 and D-14, but she categorically stated that these letters were got written by her under threat given by her husband.