The right to maintenance under Section 488 Cr.P.C. is independent of the right under Personal Law and overrides it if in conflict.

1. This criminal reference has been made by the learned Sessions Judge, Bhadarwah recommending that the order of the learned Judicial Magistrate, Kishtwar dated: 12-9-1983 may be quashed.

2. The facts giving rise to this reference may be briefly stated as under.

3. The petitioner Krishan Kaur filed an application before the learned Judicial Magistrate, Kishtwar U/S 488 Cr. P. C. stating therein that, the respondent Kartar Singh was her husband, and three children were born to them, out of their wedlock, She lived with him for about 10/12 years, and thereafter, he deserted her alongwith her children. She therefore prayed that, the respondent may be ordered to pay maintenance allowance to her alongwith her children.

4. The respondent in his objections denied the very matrimonial relationship with the petitioner, and thereby, disowned the children as well. The learned Magistrate inquired into the matter, and came to the conclusion, that the existence of marriage was not established, which according to him can be decided only by a civil court. He therefore dismissed the petitioners application,

5. The petitioner filed a revision against the order of the learned Magistrate in the Court of the learned Sessions Judge, Bhaderwah After hearing, the parties, the learned Sessions Judge came to the conclusion, that the learned Magistrate has committed an error in passing the impugned order. He has therefore recommended, that the said order may be quashed, and the respondent directed to pay the monthly maintenance allowance to the petitioners, at the rate indicated by him in his order Hence the reference.

6. I have heard the learned counsel for the parties, and have also gone through the file.

7. The learned counsel for the petitioner has supported !he reference, and has argued that the learned Inquiry Magistrate has committed a serious error in holding, that the marriage was not established between the parties According to him, there was abundant evidence of the file to prove, that the parties lived husband and wife, and three children were born to them out of their matrimonial relationship.

The learned counsel for the respondent has opposed the reference, and has argued that the it-arced Sessions Judge has usurped the powers of an Appellate Court in deciding a revision According to him the learned Sessions Judge could not go into the appreciation of evidence, which was beyond his jurisdiction, as a revisional Court. He has further argued, that the petitioner has failed to prove that she was married to the respondent, or that the children were born to her from him, and therefore she was not entitled so any maintenance allowance from the respondent.

9. As regards the first contention of Mr. Goni that the Sessions Judge has no jurisdiction to go into the appreciation of evidence, it appears without any force. The revisional Court has power to call for and examine the records of an inferior Court for the purpose of satisfying itself, as to the correctness, legality or propriety of any proceedings, or order made therein. Unless, it looks into the evidence, how can the revisional court return a finding as to correctness, legality or propriety of an order or proceeding. If a patently erroneous and perverse order is passed by a trial court, and appeal is provided for against such order or finding, it becomes the bounded duty of the revisions. Court to go into its correctness, legality or otherwise, and do away with injustice, if any having occasioned hereby. The power to interfere is discretionary and unfettered by limitations.

10. As regards his second contention that the existence of marriage has not been established by the evidence produced by the petitioner, and therefore neither the petitioner - wife, nor her children are entitled to any maintenance allowance, it may suffice to say, that the standard of proof of marriage for the purposes of Sec. 488 Cr.P.C. need not be so high as in a proceeding under the Divorce Act or Section 494, 495, 49

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