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(10) On this premise, to place implicit reliance on Sunder Dass's statement enying to have ever beaten his wife, because there is no independent corroboration, is to take almost a perverse view of things.

(11) The learned Magistrate has come to the conclusion that the wife was leading an adulterous life with Murli Dhar. He seems to have placed reliance on the testimony of the husband when he says that on one occasion he went to Murii Dhar's house and found his wife Lying in a compromising position with Murii Dhar on a charpai. To place implicit reliance on this kind of a statement is, in my view, the height of perversity, for it is most unlikely that the wife's sister would allow this kind of open objectionable behavior in her own house with her husband on the part of her sister and to believe that Sunder Dass was allowed free access to the house, when he alleges that his wife and Murli Dhar were in a compromising position, adds to the perversity of the approach and the conclusion. The learned Magistrate has in the concluding part of his order relied in support of the plea of adultery on the evidence of the husband and his mtoher and the evidence of the two neighbours who had stated that there was a quarrel between the husband and the wife on account of the fact that the husband was asking his wife nto to visit the house of Murli Dhar. This, according to the learned Magistrate, is sufficient to establish that the petitioner was living in adultery with Murli Dhar. On this premise, the wife's application was dismissed under section 488(4), Criminal Procedure Code.