PASAYAT, J.

( 1 ) IN this appeal under Section 19 of the Family Courts Act, 1984 (in short, the 'act'), order of learned Judge, Family Court, Cuttack rejecting an application for restoration of petition under Section 125 of the Code of Criminal Procedure, 1973 (in short, the 'code') is assailed.

( 2 ) A brief reference to the factual aspects is necessary for disposal of the appeal which involves a ticklish question of law, fact situation as described by the appellant runs as follows :the appellant filed an application under Section 125 of the Code claiming maintenance on the ground that she is the legally married wife of respondent who has sufficient means to maintain her, she is unable to maintain her, the respondent has neglected and refused to maintain her and she is not disqualified under any of the provisions enumerated in Section 125 of the Code. There appears to be long drawn series of litigations between parties, with which we are not presently concerned. On 26-11-1990 appellant filed an application under Section 125 of the Code before learned Sub-Divisional Judicial Magistrate, Sadar, Cuttack. Subsequently it was transferred to the family Court on 30-3-1991, and interim