Sumatibhai vs Notice Served For

Heard the learned counsel for the petitioner.

Both the courts below have concurrently held that the wife, who has claimed maintenance, is living in adultery. These are the questions of fact and in these questions of fact, it would be very difficult for this Court to enter into appreciation of the evidence because, the criminal courts have held against the petitioner and the constitutional jurisdiction in criminal matters would tantamount to second revision, that is barred by the Code of Criminal Procedure.

In view of the above, this Court is not inclined to entertain the present petition. The petition has no force and the same is dismissed. Rule discharged.

(BHAGWATI PRASAD, J.) omkar Top