SAMBHUNATH JAISWAL ALIAS SAMBHU JAISWAL Vs. ANJANA JAISWAL

JUDGEMENT

(1.) This revisional application is directed against an order passed by the learned Judicial Magistrate at Alipore under Section 125 Cr. P.C. calling upon the petitioner to pay to his wife, the Opposite Party No. 1 herein a total sum of Rs. 400/- per month on account of maintenance for herself and her child. The said opposite party had claimed maintenance on the ground that she was assaulted and driven out of her matrimonial home and was not provided with any maintenance although he had a decent income. The case was contested in the court below wherein it was contended that the petitioner had not assaulted her and did not drive her out but she left on her own and refused to come to his place inspite of best effort made by him. He also denied that he had a decent income.

(2.) The learned Magistrate on consideration of the testimony of witnesses examined on behalf of the parties has found that the, witnesses examined on behalf of the said opposite party were more acceptable and in view of evidence on the record regarding the means of the parties and in view of the fact petitioner was an able bodied man the learned Magistrate has directed him to pay maintenance as above.

(3.) On hearing the learned Advocates for both the parties and on perusal of the impugned order and the revisional application it appears that what has substantially been questioned is thus supposed misappropriation of evidence by the Court below which cannot be successfully canvassed before a court of revision. The finding of the learned Magistrate that the evidence adduced on behalf of the opposite party was acceptable cannot therefore, be assailed as it does not suffer from any infirmity nor has it been arrived at without taking note of any relevant material on record. Therefore, it must be held that the ground for granting maintenance as found by the learned Magistrate cannot be upset.