1988 INSC 0273
                                              Kamla Devi and Others

                                                           Vs

                                                       Mool Raj

                                        Criminal Appeal No. 268 of 1988

                                            (A.P. Sen, L.M. Sharma JJ)

                                                      15.04.1988

                                                        ORDER

1. Leave granted.

2. After hearing learned counsel for the parties we find it rather difficult to sustain the interference
by the High Court in revision with the order of the learned Munsif, Judicial Magistrate 1st Class
granting to the appellant separate maintenance @ Rs. 400 per month. The conclusion reached by the
learned Magistrate that the offer made by the respondent to keep the appellant with him was not a
genuine one but a mere pretence, was a finding arrived at on a proper appreciation of evidence.
There was no basis whatever for interference with that order by the High Court.

3. Accordingly, we allow the appeal, set aside the order passed by the High Court and restore that of
the learned Munsif, Judicial Magistrate.

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