Bheekha Ram v. Goma Devi : 1999 Cri.L.J. 1789 : 2000 (1) DMC 76 : 1999 (1) HLR 543 : 1999 (2) Mar.L.J. 72 : 1999 (1) RajCriC 625 : 1999 LRC Online 2 (Raj)
Section 125---Grant of maintenance---Revision---When it is found that wife declines to live with husband without any just cause and there is no evidence of ill treatment by husband, wife is not entitled to maintenance---Wife is living with her parents of her own accord---Negligence by husband to maintain wife also not established---Order granting maintenance to wife set aside and that of granting maintenance to children upheld
Held : As already pointed out, in the revisional jurisdiction, the Court cannot be justified in reappraising the evidence and come to its own conclusion when it is not shown that the Magistrate had omitted to consider some vital evidence or had misread the evidence. The learned Addl. Sessions Judge has, obviously exceeded his jurisdiction in reversing the finding of fact recorded by the Magistrate, without cogent reasons. Goma Devi has not been able to establish that she had been neglected by her husband. As a matter of fact she is living with her parents of her own accord. She is, therefore, not entitled for maintenance allowance for herself. However, she is entitled to maintenance allowance for her two kids who are living with her. Bheekha Ram, has not come out with the case that he was giving maintenance allowance to Goma Devi for the children. It is no fault of the children when they are living with their mother. The father is bound to provide maintenance to them.