Dipak Misra, J.

1. Invoking the revisional jurisdiction of this Court the wife-petitioner has assailed the order dated 4-3-1997 passed in Criminal Revision No. 227/1996 by the First Additional Sessions Judge, Raigarh whereby he has reversed the order dated 5-11-1996 passed in Criminal Case No. 53/1996 by the Chief Judicial Magistrate, Raigarh wherein he had entertained the prayer of the petitioner and directed that the custody of the minor daughter should be given to her till a decision is given by the Court of competent jurisdiction regarding such custody. The facts as have been depicted in the petition are that the marriage of the petitioner and the non-applicant No. 1 was solemnised at Raigarh on 27-1-1993 as per Hindu rites and in their Wedlock a daughter was born on 26-11-1993. She was named Payal. The brother of the petitioner, Kishore Kumar was married to the sister of non-applicant No. 1. After the marriage the non-applicant No. 1 and his family members treated the applicant with cruelty and on 27-5-1997 the applicant was sent to her parental house. The non-applicant retained ornaments which belonged to the applicant. It is also alleged that a sum of Rs. 40,000/- was