SUNIL SINGH Vs. NEETU SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 25-2-2010 passed by the Judge, Family Court, Bilaspur in Misc. Criminal Case No. 592/2005, whereby learned Judge, Family Court has awarded monetary relief of 3,000/- per month and 5 lakhs as one time payment under Sections 19 & 22 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005'), to the respondent.

(2.) Order is impugned on the ground that the Judge, Family Court was not having jurisdiction to award such relief and by awarding such relief, the Judge, Family Court has committed illegality.

(3.) Brief case of the parties is that the parties are legally wedded spouses and as per the application filed before the Judge, Family Court, Bilaspur on behalf of the respondent, originally the respondent has claimed maintenance of 5,000/- per month under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the appellant. The claim was denied by the appellant. During the pendency of the proceeding, the respondent has filed application under Sections 17, 18, 19, 20, 22 & 26 of the Act of 2005 read with Section 7 of the Family Courts Act, 1984 (for short 'the Act of 1984') for grant of monetary relief in terms of Section 20 of the Act of 2005. The application was objected by the appellant. Finally, after providing opportunity of hearing, the Judge, Family Court, while dismissing the application filed under Section 125 of the Code, granted aforesaid monetary relief under Sections 19 & 22 of the Act of 2005.