Dhanraj Vs. Smt.Kavita - Court Judgment

SooperKanoon Citationsooperkanoon.com/920703
SubjectCriminal
CourtRajasthan High Court
Decided OnJul-29-2011
Case NumberS.B.CRIMINAL REVISION PETITION No.851 of 2010
JudgeNARENDRA KUMAR JAIN, J.
ActsCode Of Criminal Procedure (CRPC) - Section 125; Protection of Women from Domestic Violence Act, 2005 - Section 12
AppellantDhanraj
RespondentSmt.Kavita
Advocates:Mr.Dinesh Singh, Adv
Excerpt:
1. heard learned counsel for the petitioner. 2. petitioner/husband has preferred this revision petition challenging the impugned order dated 29th june, 2010 passed by family court, kota in criminal misc. case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. 3. submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short ‘act of 2005’), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore,.....
Judgment:

1. Heard learned counsel for the petitioner.

2. Petitioner/husband has preferred this revision petition challenging the impugned order dated 29th June, 2010 passed by Family Court, Kota in Criminal Misc. Case No.650/2005, whereby an application filed by respondent/ wife under Section 125 CrPC for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of Rs.1500/- per month towards maintenance to wife with effect from 1st March, 2008.

3. Submission of learned counsel for petitioner is that respondent filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘Act of 2005’), which was dismissed by Judicial Magistrate, Ramgunjmandi, Kota vide its order dated 15th December, 2007, therefore, respondent was not entitled for any maintenance. It is submitted that maintenance could have been granted under Section 12 of the Act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under Section 125 CrPC.

4. During the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under Section 12 of the Act of 2005.

5. From the order dated 15th December, 2007, it is clear that a reference was given of present application under Section 125 CrPC for grant of maintenance. Since both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under Section 12 of the Act was dismissed, the same cannot be a ground to reject the application under Section 125 CrPC.

6. Learned family court, after considering and examining the evidence available on record, rightly allowed the application. The amount of Rs.1500/- cannot be said to be excessive in the facts and circumstances of the present case.

7. In view of above discussions, I do not find any merit in this revision petition and the same is, accordingly, dismissed.