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1989 Supreme(All) 452

S.R.BHARGAVA
KHEM CHAND – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


S. R. BHARGAVA, J.

( 1 ) PRESENTED in Chamber on account of the strike of the Advocates.

( 2 ) THIS revision is directed against revisional order granting maintenance of Rs. 150/- per month to opposite party No. 2. What appears is that the Magistrate refused maintenance to the wife only on the ground that the wife has been living in adultery. Finding of adultery was recorded by the magistrate on the sole testimony of the husband who deposed that the wife herself admitted her illicit relation with a young boy aged about 18 or 19 years of her village. He further deposed that on his visit to her in-laws he saw the wife in compromising position with that boy. He was unable to name the boy. Learned revisional court disbelieved the husband and set aside the finding of adultery. He found that the husband has been earning his livelihood as labourer. He further found that the wife has no means. With these observations the revisional court allowed the revision and directed the husband to pay monthly maintenance of Rs. 150/-per month from 1-10-83.

( 3 ) IT is, no doubt true that in revision evidence cannot be reassessed. But if in assessment of evidence a legal mistake has been committed by t








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