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1992 Supreme(Guj) 185

A.N.DIVECHA
ARUNABEN TULJARAM RAMANUJ – Appellant
Versus
VASUDEV PRANJIVAN NIMAVAT – Respondent


Advocates Appeared: D.M.SHAH, K.B.PADIA, K.N.VALIKARIMVALA

DIVECHA, J.

( 1 ) HOW the cavalier and casual approach to a case in exercise of the re-visional 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 redressal of her grievance against the judgment and order passed by the learned Additional Sessions Judge on llth August, 1989 in Criminal revisional Application No. 4 of 1989. Thereby the learned Additional Sessions judge, in exercise of his revisional powers under Sec. 399 read with Sec. 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 7/05/1984. It appears that they did not have smooth sailing so far as their matrimonial life was concerned. The wife appears to have some white spot on her body and,














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