( 1 ) - Order No. 88 dated 24th July, 1998 passed in Matrimonial Suit No. 140 of 1993 of the second Court of Additional District Judge, Howrah forms the subject matter of the present revisional application under section 115 of CPC.

( 2 ) THE case has a chequered career. A couple are fighting litigations both under the Hindu Marriage Act and section 125 of the Criminal Procedure Code. The husband filed a suit for divorce under section 13 of the Hindu Marriage Act and the wife filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal life. Maintenance was claimed by the wife for herself as well as her minor child under section 125 of the Cr. PC and also under sections 24 and 26 of the Hindu Marriage Act. The facts relevant for the purpose of disposal of the present application may be stated as follows. On 20. 3. 95, there was an order by the Chief Judicial Magistrate, Alipore under section 125 Cr. PC awarding maintenance at the rate of Rs. 800 per month for the wife and at the rate of Rs. 600 for the child. On 21. 4. 95, the matrimonial court took into account the aforesaid magisterial order dated 20. 3. 95 and granted maintenance pe