LAXMI RANI BARMAN Vs. DILIP KR SARKAR

JUDGEMENT

(1.) The present appeal has been filed against the order of the Family Court dismissing the claim of the appellant for the grant of maintenance to her and to her child which was begotten after her marriage with the respondent. The claim of the appellant has been negatived by the Family Court after perusing the report of the Forensic Science Laboratory Ext. A.

(2.) It deserves to be noticed straightway that the Family Court has not gone into the entire evidence brought on the records of the case more particularly the statement of PW-1 Pradeep Dutta the employer of the respondent and therefore we intend to refer to his statement in the first instance before referring to the report of the Forensic Science Laboratory Ext. A PW-1 Pradeep Dutta has stated on oath that the respondent was a Cameraman in his studio and he worked for a period of four months from January '94 and during that period he was paying a salary of Rs. 650/- per month. The respondent told PW-1 that he was a married person and thereafter he came to the Studio of PW-1 with his wife Laxmi Rani Barman that is the appellant. He claims to have gone to the house of the couple more than once and saw them residing as husband and wife. The witness went on to state that he and his wife invited the couple for a dinner. The lady was pregnant when the respondent worked in his studio. Nothing could be elicited in cross-examination of the witness making him un-worthy of reliance. The cross-examination of the witness is as follows :-

(3.) The evidence of PW-1 in our considered view establishes the birth of a son to the first and 2nd party when they were staying together. The report Ext. A of the Forensic Science Laboratory also corroborates the statement of PW-1 .The report reads as under :-