PRANATI KUMARI BISWAL Vs. BANSIDHAR BISWAL

JUDGEMENT

(1.) SINCE both the Civil Appeal and the Criminal Revision arise out of the common order, the same are heard together and disposed of by this common judgment.

(2.) APPELLANT -petitioner along with her daughter filed an application under Section 125, Cr.P.C. for maintenance against the respondent -opposite party before the learned Judge, Family Court, Cuttack, which was registered as Criminal Proceeding No. 430 of 1996. Similarly, the respondent -opposite party filed an application under Section 13 of the Hindu Marriage Act, read with Section 7 of the Family Courts Act for a decree of dissolution of marriage on the ground of cruelty and desertion against the appellant -petitioner, which was registered as Civil Proceeding No. 471 of 1998. The learned Judge, Family Court took up both the proceedings and disposed of the same by the impugned order allowing the divorce subject to payment of Rs. 50,000/ - by the husband and dismissing the criminal proceeding. Being aggrieved, the wife has filed the present Civil Appeal as well as the Criminal Revision.

(3.) THE appellant on the other hand controverted the allegations by filing her written statement before the learned Judge, Family Court, cuttack alleging that her husband demanded a cash for purchase of a scooter. But when such demand could not be fulfilled, she was subjected to ill -treatment and cruelty. Apart from that the appellant filed a case under Section 125, Cr.P.C. claiming monthly maintenance for herself and the daughter.