V. Dutta Gyani, J. —

This first appeal arises out of the judgment and order dated 23.7.96 passed by the Principal Judge, Family Court, Kamrup at Gauwahati in FC (Civil) No. 125 of 1992, decreeing the suit of the appellant and dissolving the marriage with the respondent husband with an order to pay permanent alimony amounting to Rs.60,000/- to the appellant. Few basic facts may now be noted.

2. This appeal was listed before us on 13.11.97. The respondent husband is facing criminal trial and despite framing of charges as back as on 1.11.93 the trial Court could not proceed for want of record which was requisitioned in haste, and even after dismissal of the suit by the Family Court, was retained delaying the progress of the criminal trial pending against the respondent husband under section 498A/384/506/120B IPC registered as Jalukbari PS Case No.375/92. The respondent husband filed a suit for divorce on the ground of desertion, cruelty and suspected adultry. The factum of marriage is not in dispute. The parties were married on 21st January, 1991. They lived as husband and wife at Kamakhya Colony within the jurisdiction of Jalukbari Police Station. The respondent husband alleged that hi

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