The applicant husband has filed this revision application praying that the order passed by the Judicial Magistrate First Class. 8th Court, Nagpur, in Criminal Case No. 6-A of 1973 confirmed in Criminal Revision No. 73 of 1973, be quashed and the application made by the non-applicant wife under Section 100 of the Criminal Procedure Code be remanded to the Court of the Magistrate for recording evidence and passing adequate orders as the Magistrate would deem fit after hearing the parties.

The facts in brief are as under :-

That the applicant husband was married with the non-applicant sometime in 1964. During the subsistence of the marriage, son was born sometime in 1968. A contention was raised before me by the learned Advocate for the applicant that son was born in 1967. He has produced one certificate of a school which shows that the mother had admitted the boy to the school and the birth date shown in that certificate is 15-4-1968. It is further seen that the position that the boy was born in April 1968 was not disputed in lower Courts. Therefore, that contention was not allowed to be agitated. It is seen that after the birth of the child relations between the husband and th