SOMA RANI Vs. PRADIP DAS

JUDGEMENT

(1.) THESE two matters being F. A. No.06 of 2010 and Crl. Rev. P. No.92 of 2010 are being disposed of by a common judgment since common questions of law and facts are involved. In view of the order which we intend to pass, we are not going into the factual aspect of the matter.

(2.) THE Family Court vide the impugned order in the Crl. Rev. Pet. rejected the claim of the wife for grant of maintenance but granted maintenance of Rs.2,000/ - per month for the minor son. The Family Court by the impugned order in the matrimonial appeal granted a decree for restitution of conjugal rights in favour of the husband.

(3.) THIS petition was filed on 24.06.2008 and was listed on 06.01.2009 on which date the learned Judge, Family Court passed an order that another case was also pending between the parties relating to restitution of conjugal rights and which case was fixed for evidence on 10.02.2009. The learned Family Judge held that it would be convenient to dispose of both the cases by a common judgment. Hence he did not record the evidence in the criminal proceeding on that.