K.K. Lahoti, J.

1. Petitioner has challenged order dated 30-10-2004 passed by the Family Court, Rewa in Case No. 1/2004 by which the Family Court has rejected the application filed by the petitioner under Section 126 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC').

2. Before the Family Court, an application under Section 125, Cr.PC has been filed by the respondents for maintenance. In the said proceedings, the respondents filed their affidavit in evidence and petitioner has been directed to cross-examine on the affidavit. At this stage, petitioner raised an objection in writing that in the proceedings, evidence can not be taken on affidavit, but the respondent should be examined in the Court in the presence of petitioner or his Counsel. Family Court relying on Section 10(3) of the Family Court Act found that the Family Court is having jurisdiction to adopt its own procedure for recording evidence and relying on provisions of Code of Civil Procedure held that the affidavit can be received in evidence and rejected the application of the petitioner. This order is under challenge in this petition.

3. Learned Counsel for petitioner submits that under Sub-s