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Application for maintenance

In a criminal application, the High Court is expected to exercise extraordinary jurisdiction very sparingly, particularly in cases of miscarriage of justice or when there is an erroneous approach in appreciating the evidence on record. In the instant case, the Learned Magistrate, who is the court of findings of facts, is guilty of an erroneous approach that resulted in a miscarriage of justice, necessitating the interference of this Court.

Not only this, but even the Learned ADJ has not exercised its revisional power properly in a matter like this. This court wishes to strike a note that it is aware of the realities of life and cannot be detached from ordinary experiences.

Hence, the wife admits that she resided with her husband for seven months happily, and she also states that thereafter the dispute started. Now, if the wife resided with her husband for seven months, then one must question why she would only express grievances after seven months, unless there was something for her that was painful and distressing.

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