IMPORTANT POINTS
1. In cases of matrimonial disputes, evidence of contemporaneous nature plays an important role as it may reveal the thinking and attitude of the parties towards each other at the relevant time.
2. Appellate or Revisional Court while setting aside the findings recorded by the Court below must notice those findings, and if the Appellate or Revisional Court comes to the conclusion that the findings recorded by the Trial Court are untenable, record its reasons for coming to the said conclusion.

Headnote:(i) Criminal Procedure Code, 1973-Section 125-Maintenance to wife and son-Claim of-Behaviour of husband has been throughout normal-Parties lived happily for many years after the marriage till about the year 1996-There was some misunderstanding which ultimately resulted in their separation-No evidence to prove that wife respondent was subjected to torture and harassment by husband appellant-Finding recorded by Trial Magistrate that wife left her matrimonial home on her own, justified-Respondent wife rightly held not entitled to grant of maintenance-Award of Rs. 1500/- p.m. in favour of son held justified-High Court held unjustified in reversing finding recorded by trial Court.
       Held : The High Court was not justified in setting aside the findings recorded by the learned Judicial Magistrate. We have reached this conclusion after appreciating the evidence on record since there is no discussion of the evidence in the judgment of the High Court. Counsel for the respondent posed before us a question as a part of his submission as to why the respondent should leave her matrimonial home without any reason. In cases where there is a dispute between husband and wife it is very difficult to unravel the true reason for the dispute. After separation when the relationship turns sour, all sorts of allegations and counter allegations are made against each other. Evidence of contemporaneous nature therefore plays an important role in such cases as it may reveal the thinking and attitude of the parties towards each other at the relevant time. Such evidence is usually found in the form of letters written by the parties to each other or to their friends and relatives or recorded in any other document of contemporaneous nature. If really the respondent was subjected to cruelty and harassment in the manner alleged by her, we have no doubt she would have written about such treatment to her friends and relatives with whom she may have corresponded. The reports allegedly made by her to the police may have thrown some light on this aspect of the matter. Such evidence is completely absent in this case. It appears to us that the parties lived happily for many years after the marriage till about the year 1996, whereafter there was some misunderstanding which ultimately resulted in their separation. Why this happened, it is difficult to fathom, but the evidence on record does not convince us that the respondent was subjected to torture and harassment by the appellant, and certainly not for the reasons alleged by her. The Court is not permitted to conjecture and surmise. It must base its findings on the evidence produced before it by the parties. The enquiry by the Court is restricted to the evidence on record and the case pleaded by the parties. It is not permissible to the Court to conjecture and surmise and make out a third case not pleaded by the parties only to answer the query such as the one posed to us. (Para 20)
       (ii) Criminal Procedure Code, 1973 -Sections 397/401-Revision-Requirement to record reasons-Appellate or Revisional Court while setting aside findings recorded by Court below must notice those findings-If Appellate or Revisional Court comes to the conclusion that findings recorded by Trial Court are untenable, record its reasons for coming to the said conclusion-Where the findings are findings of fact, it must discuss evidence on record which justify reversal of findings recorded by Court below.
       Held : It is well settled that the Appellate or Revisional Court while setting aside the findings recorded by the Court below must notice those findings, and if the Appellate or Revisional Court comes to the conclusion that the findings recorded by the Trial Court are untenable, record its reasons for coming to the said conclusion. Where the findings are findings of fact it must discuss the evidence on record which justify the reversal of the findings recorded by the Court below. This is particularly so when findings recorded by the Trial Court are sought to be set aside by an Appellate or Revisional Court. One cannot take exception to a judgment merely on the ground of its brevity, but if the judgment appears to be cryptic and conclusions are reached without even referring to the evidence on record or noticing the findings of the Trial Court, the party aggrieved is entitled to ask for setting aside of such a judgment. In normal course we would have remanded the matter to the High Court for a fresh consideration of the evidence on record, but having regard to the nature of the dispute, we do not consider it necessary to prolong the proceeding any further, particularly when the evidence has been placed before us, and with the assistance of counsel appearing for the parties we have gone through the evidence on record. We, therefore, proceed to consider the evidence on record and dispose of the matter finally. (Para 11)

JUDGMENT

B.P. Singh, J.-Leave granted.

2. The appellant herein is the husband of the respondent He has preferred this appeal against the judgment and order of the High Court of Judicature at Calcutta in CRR No. 973 of 2001 dated 26.11.2001 whereby the High Court while allowing the Revision Petition preferred by the respondent directed the appellant to pay a sum of Rs. 1500/- per month by way of maintenance to the respondent and also to pay costs of Rs.2000/-. While doing so it set aside the order of the Judicial Magistrate, First Class, Sealdah dated 15.12.2000 passed on the application filed by the respondent under Section 125 Cr.P.C., in so far as the learned Magistrate refused the prayer of the respondent for grant of maintenance to her. The learned Magistrate, however, had directed the appellant to pay a sum of Rs.1500/- per month for the maintenance of his son who was residing with the respondent.

3. It is not in dispute that the appellant and the respondent got married on 24th February, 1985. A son was born to them on 14th January, 1987. They continued to live together for many years at different places around the city of Calcutta. On 11th March, 1997, the respondent left her matrimonial home along with her son and came to reside with her parents in Calcutta. According to her, she was tortured over the years by the appellant and ultimately on 11th March, 1997, the appellant forced her to leave her matrimonial home and threatened her with dire consequences if she did not do so. For fear of her life and the life of her son she was compelled to leave the matrimonial home on that day. Only 4 days later, on 15th March, 1997, she filed an application under Section 125 Cr. P.C. claiming maintenance for herself and her son.

4. In her application the respondent alleged that within 15 days of the marriage the appellant started torturing her both mentally and physically on account of the fact that the appellant was not satisfied with the meagre dowry brought by her and also on account of the fact that her appearance appeared to the appellant to be ugly. According to the respondent, the appellant is quarrelsome by nature and he had the habit of causing annoyance and disturbances to her for petty reasons. He did not give her the respect due to a wife and treated her like a maid servant. She tolerated the cruel treatment meted out to her for many years but ultimately when she was threatened on 11th March, 1997 by her husband, she had no option but to leave her matrimonial home out of fear. She was thereafter forced to live with her parents. She further stated that her husband was a bank employee drawing a salary of about eight to ten thousand rupees per month while she had no source of income. She, therefore, claimed a sum of Rs.1500 each by way of maintenance for herself and for her son, and also claimed costs.

5. In reply, the appellant stated that he had not demanded any dowry at the time of marriage nor was any dowry given. Some gifts were no doubt given to him as well as his wife which were in the custody of his wife. He did not torture her nor did he ever misbehave with her for the reason that she had brought a meagre dowry or that she was not good looking or for any other reason. However, since May, 1996 his mother-in-law as well as his wife started insisting that he should shift his residence to Calcutta. They picked up a quarrel with him on this issue and in the process they even abused him. The brother of the respondent and some others who had come to his house assaulted him, which compelled the appellant to lodge a report with the police. After lodging of the report the behaviour of his wife and mother-in-law became worse, so much so that the respondent had mixed some poisonous substance in his drinking water after consuming which the appellant fell ill. He had lodged a General Diary Entry No.207/97 at the local police station. He denied the allegations made in the application and stated that on 11th February, 1997, the resp

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