U.B.SAHA, S.TALAPATRA
Rinku Biswas – Appellant
Versus
Dilip Biswas – Respondent
JUDGMENT
S. Talapatra, J.1. Both the appeal, being F.A. No. 04/2011, only the 'appeal' hereinafter, and the criminal revision petition, being Crl. Rev. P. No. 16/2011, only the 'revision petition' hereinafter, are taken up together for disposal as the subject matter of those matters are ex facie entwined and any decision in the appeal would inescapably impact the decision in the criminal revision petition, in view of exception provided in Section 125(4) of the Cr.P.C. Ms. P. Dhar, learned counsel appearing for both the appellant and the petitioner has submitted that while passing the impugned judgment dated 03.01.2011, delivered in T.S. (RCR) No. 129/2010 and the order dated 03.01.2011, delivered in Misc. 06/2010, the Family Court has committed serious procedural irregularity and appreciated the evidence in a manner that has resulted in the miscarriage of justice.
2. From the other side, Ms. R. Guha, learned counsel appearing for the respondent has submitted that in view of the provisions of Sections 15 and 16 of the Family Courts Act, 1984, it cannot be stated that the Family Court has committed any irregularity in conducting the proceeding or in appreciating the evidence. If the ev
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