- (1.) C. A. Rahim, J. This revision is direct against the judgment and order of Sessions Judge, Pauri Garhwal dated 19-12-83 in Criminal Revision No. 30 of 1983. By that judgment he allowed the revision filed by Smt. Yashoda Devi, set aside the judgment and order of the trial Court and directed respondent Netra Pal Singh Bist to pay Rs. 250/- per month towards maintenance al lowance to his wife.
(2.) A petition under Section 125, Cr. P. C. was filed before the Chief Judicial Magistrate Pauri Garhwal by Smt. Yashoda Devi against her husband Netra Pal Singh Bist on the allegation that she was driven out of her matrimonial home after torture but did not pay any maintenance. Since then she tried to restore the conjugal right by sending her relatives for negotiation but it failed. It is alleged that her husband was having an income of Rs. 1600/- per month. He has married for second time so she claimed maintenance allowance at the rate of 500/- per month. The said application was contested by opposite party stating inter alia that he was agreeable to accept the petitioner (wife) but she left his house without any reason. It is denied that he married for the second time or that he made any torture on the petitioner nor he had driven her out of the house. The learned Magistrate after con sidering the materials on record, dismissed the application with the findings that the opposite party was eager to build the matrimonial home with the petitioner and that allegation of second marriage was not proved. It is stated that the petitioner could not prove her allegation that the opposite party ever denied to offer subsistence to the petitioner.
(3.) A revision was preferred by Smt. Yashoda Devi before the District Judge, Pauri Garhwal who held that the petitioner was able to prove that she was unable to maintain herself or that she was not main tained by her husband since May 1979. It is also held that the petitioner was turned out by the respondent who was earning Rs. 2030/- per month as salary. The learned Ses sions Judge allowed the revision and granted maintenance to Smt. Yashoda Devi at the rate of Rs. 250/- per month after setting aside the judgment and order of Chief Judicial Magistrate, Pauri Garhwal. Sri S. K. Agrawal learned counsel appearing alongwith Sri Sikandar Raza Ad vocate has submitted that the learned lower revisional Court reassessed the evidence and allowed the revision by substituting his own findings which is not permissible under the law.;