SHASHI PAUL Vs. KOSHALYA DEVI

JUDGEMENT

(1.) THIS revision petition is directed against the order of Sessions Judge, Poonch, dated 10.12.1982, by which he set aside the order of Chief Judicial Magistrate, Poonch, dated 27. 9. 1982 and directed that Rohani Sharma shall remain in the Destitute Women Home, Poonch. The petition was admitted and notice was issued on 14 1. 1983 to the respondent. The respondent, as per office noting, had been served but despite service is not present. The case is therefore heard in her absence.

(2.) I have perused the order of learned Sessions Judge. Poonch dated 10 12 1982. The learned Sessions Judge exercised the jurisdiction not vested in him by law. He has set aside the order of the Chief Judicial Magistrate dated 27 -9 -1982. If at all the learned Sessions Judge was of the opinion that the said order was required to be set aside, it was obligatory on him to have made a reference to this court under the Code of Criminal Procedure. He could not have on his own proceed to set aside that order. However, since the revision petition as well as record is before me. I deem it proper to go into the merits of the case and in my opinion the learned Sessions Judge was in error even on facts to have set aside the order of C.J M. dt. 27 -9 -1982 which order in the facts and circumstances of the case was clearly warranted. The learned C.J.M. recorded on 27 -9 -1982 that in view of the medical report and assertions and admissions of Rohni Sharma to go to live with her husband and keeping in view her age, she be permitted to stay with the husband rather than in the Destitute Woman Home. More so, when Rohni Shaima was, on the date of order, was pregnant. The order off C.J M., under these circumstances, was a justified order.

(3.) I , therefore, set aside the order of Sessions Judge, Poonch and restore that of C.J.M. Poonch dated 27 -9 -1982. This revision petition is consequently allowed.