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A.N.DIVECHA
Arunabehn T. Ramanuj – Appellant
Versus
Vasudev P. Nimavat – Respondent


Advocates:
Counsel for the parties:
For the Petitioner - Sh. K.B. Padia, Advocate.
For the Respondent - Sh. D.M. Shall, Advocate, & Kum. K.N. Valikarimwala, A.P.P.

JUDGMENT

A.N. Divecha, J. - How the cavalier and casual approach to a case in exercise of the revisional powers of the Sessions Court can result into perpetration of injustice is fully demonstrated in the present case. It is unfortunate that the aggrieved wife has to invoke the further revisional jurisdiction of this Court to seek redressed of her grievance against the judgment and order passed by the learned Additional Sessions Judge on 11th August, 1989 in Criminal Revisional Application No. 4 of 1989. Thereby the learned Additional Sessions Judge, in exercise of his revisional powers under section 399 read with section 397 of the Code of Criminal Procedure, 1973 the Cr. P.C. for brief was pleased to upset the judgment and order passed by the learned 2nd Joint Judicial Magistrate (First Class) at Morvi in Misc. Criminal Application No. 129 of 1986.

2. The facts giving rise to this revisional application are not many and not much in dispute. The petitioner and respondent No. 1 herein were united by matrimonial tie sometime on 7th May, 1984. It appears that they did not have smooth sailing so far as their matrimonial life was concerned. The wife appears to have some white spots on

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