RAJBIR Vs. USHA DEVI

JUDGEMENT

(1.) PETITIONER 's counsel contends that the respondent filed a petition under Section 125 Cr.P.C., which was dismissed by the trial Magistrate holding that as she is living in adultery with one Kishan Lal, she is not entitled to recover maintenance from the petitioner. She filed revision against that order. In the revisional Court she filed copy of the judgment of the matrimonial Court dated November 3, 1989. He contends that by the impugned order the revisional Court permitted her to file this document as an additional evidence under section 397 Cr.P.C. The revisional Court was not competent to allow production of any additional evidence. He has relied on Avtar Singh v. The State, 1978 P.L.R. 562. In re: K.V.R.S. Mani, AIR 1951 Madras 707 and Mohanlal Shamji Soni v. Union of India and another, 1991(3) Recent CR 182.

(2.) RESPONDENT 's counsel contends that in this matrimonial case vide judgment dated November 3, 1989, matrimonial Court has negatived the petitioner's plea that the respondent is living in adultery with one Kishan Lal. To substantiate this argument that the learned Magistrate has fallen into an error in giving a finding to that effect, the copy of that judgment was filed. It is settled law that finding given in a matrimonial case is binding on the criminal Court. Hence no infirmity can be found with the impugned order.

(3.) HENCE , this Criminal Revision, being meritless, is dismissed. Appeal dismissed.