SARWANI Vs. PRABHU NARAIN

JUDGEMENT

(1.) THE appellant -wife has preferred this appeal Under Section 19 of the Family Courts Act, 1984, being aggrieved by the order dated, February 21, 1990 whereby her petition Under Section 125 Cr.P.C. for grant of maintenance allowance was dismissed by the learned Judge, Family Court, Jaipur.

(2.) THE petition under Section 125 Cr.P.C. was filed by the appellant on October 3, 1986, alleging therein that she was married to the respondent Prabhu Narain about 15 years prior to the filing of the petition and two daughters were born from their wed -lock, but both of them died during their infancy. It was also pleaded inter -alia that she has been neglected by her husband and she was unable to maintain herself. In the petition it was expressly pleaded that she was harassed and subjected to cruelty by her husband and his other relatives. They used to beat her and did not provide proper meals, though, she used to be compelled to work throughout the day. It was also alleged in the petition that her husband has married with one Ram Pyari who was residing with him as his wife. In para No. 5 of the petition it was also stated that 3 -4 days prior to filing of the petition, she was beaten by her husband and other persons and she was taken in a Jeep and left in Jungle in the helpless condition.

(3.) AT the out set, it may be stated that Lawyers are not permitted in Family Courts and matters are decided by the Courts on the basis of pleadings and evidence of the parties recorded be them. In the instant case, the appellant examined herself as P.W. 1 and produced two witnesses, namely, P.W. 2 Ladu Ram and P.W. 3 Gopal. In rebuttal, the husband - Prabhu Narain appeared as D.W. 1 and examined Chhaju Ram and Nansu as D.W. 2 and D.W. 3 respectively.