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1982 Supreme(SC) 2

S.MURTAZA FAZAL ALI, A.V.VARADARAJAN, D.A.DESAI
Khatoon – Appellant
Versus
Mohd. Yamin – Respondent


JUDGMENT

FAZAL ALI, J. :—This appeal by special leave is directed against the judgment of the Allahabad High Court dated. 19th Nov., 1981 setting aside in revision an order granting maintenance to the appellant while maintaining the order of maintenance to her two sons. The High Court set aside the maintenance so far appellant Mst. Khatoon is concerned but maintained the same so far her children were concerned. After going through the judgment of the High Court we are constrained to observe that the High Court seems to have interfered purely on facts although the order passed by the Sessions Judge was quite correct in law. The appellant had applied for grant of maintenance in the Court of District Magistrate under S. 125 of the Code of Criminal Procedure but the Magistrate refused application for maintenance on the ground that the wife refused to live with the husband without sufficient reason. In revision the Sessions Judge accepted the plea of the appellant and held that there was sufficient justification for the wife to, refuse to live with the husband because the husband wrote a letter on 18th Dec., 1975 to the appellant asking her to come back to him otherwise the letter would



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