KAMLA BAI Vs. AMRITRAM

JUDGEMENT

(1.) THIS petition under Section 482, Cr. PC. is directed against the order dated 15. 7. 1985, passed by the IInd Addl. Sessions Judge Ratlam, in Criminal Revision No. 22 of 1985, preferred by the respondent husband, thereby reversing the trial Court's order dated 11. 2. 1985, awarding maintenance allowance of Rs. 50/- per month to the petitioner.

(2.) THE only point which has been urged and agitated by the parties is, whether it was open to the revisional Court to reappraise evidence and reverse the findings recorded by the trial Coutr, more so when no such unreasonability is pointed out, which would have called for interference.

(3.) THE finding on the point of cruely has been upset by the Court below on two grounds: (i) that no immediate action was taken, either by the petitioner or her mother, as against the acts of cruelty imputed to the husband; (2) no witnesses from the neighbourhood were examined as witnesses, although admittedly Bhagirath and Jagannath were residing in the same vicinity. Both these grounds are not valid for interference. Firstly, it is not always that for every matrimonial wrong legal action is immediatly resorted to and secondly, considering the nature of the act, the time and place of the commission, it ought to be seen by the Court whether the act or acts of cruely complained of admit of any eye-witness have again lost sight of and that matrimonial offences are not committed in the glare publicity. The revisional Court was palpably wrong in upsetting the trial Court's findings on these considerations.