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2014 Supreme(Tri) 98

DEEPAK GUPTA, S.TALAPATRA
Soma Rani Das – Appellant
Versus
Pradip Das – Respondent


Advocates Appeared:
For the Appellant :Mr. H.K. Bhowmik, Advocate
For the Respondents:Mr. T. D. Majumder, Advocate

JUDGMENT

Deepak Gupta; C.J.:-

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. 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.

2. Admittedly, the parties were married to each other and one child was born out of this wedlock. Disputes arose between the parties and the wife filed a petition under Section 125 of the Cr.P.C. before the Family Court, West Tripura, Agartala claiming maintenance for herself and for her minor child.

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











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