SARDA DEVI & ORS. Vs. BADRI NARAYAN

JUDGEMENT

(1.) Heard Shri Khatri for the petitioners.

(2.) It appears that the petitioners moved an application u/s 125, Crimial P.C. 1973 for granting of maintenance to them against the non petitioner in the court of Munsif & Judicial Magistrate, Ratangarh. The non-petitioner is husband of Sharda and father of Chandra Kala. The petitioners moved an application for granting of interim maintenance of Rs. 1,000.00 per month pending the final decision of the application. The non-petitioner opposed this application by a reply filed on 17-6-89. The learned Munsif & Judicial Magistrate, however, granted an interim maintenance of Rs. 800.00 per month to the petitioners. On a revision to this Court, the amount of this interim maintenance was reduced to 500.00 per month.

(3.) It appears that the non-petitioner is also contesting the main application of the petitioners u/s 125, Cr. PC and he has filed a reply on 11-6-90 opposing the main application. The case is now fixed for petitioners' evidence in support of their application. The petitioner moved an application before the learned Magistrate to the effect that she is a 'pardanasheen' lady and she also remains ill. Her brother Askaran is fully acquainted with the facts of this case. She has, therefore, appointed her brother Askaran as her 'Mukhtiar Khas on 19-1-91 authorising him to give statement in court in the matter. She, therefore submitted that she may be permitted to examine Askaran in her place as a witness. This application was opposed on behalf of the non-petitioner. The learned Magistrate considered the rival contentions and relying upon Shambhu Dutta Shastri Vs. State of Raj. & Ors., (1986 (2) WLN 713) , held that a general power of attorney holder can, of course, appear and plead and act on behalf of the party but he cannot appear as a witness in lieu of the petitioner, because no one can delegate the power to some body else to appear as witness instead of himself/herself.