RAJESH KURRE Vs. SAFURABAI

JUDGEMENT

(1.) BY this petition, the applicant has challenged legality & propriety of the judgment dated 17-4-2008 passed by the Sessions Judge, Kabirdham in Criminal Appeal No. 5/2008, whereby learned Sessions Judge has partly modified the amount of monthly maintenance awarded to the non-applicants under the provisions of Section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') by the Judicial Magistrate, First Class, Kawardha vide order dated 14-12-2007 of Misc. Criminal Case No. 76/2007.

(2.) THE part of the judgment is challenged on the ground that while awarding any maintenance in accordance with Section 20(1)(d) of the Act, the Court is required to award maintenance in accordance with Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code'), but the Trial Court has not awarded maintenance in accordance with Section 125 of the Code and thereby committed illegality.

(3.) SHORT question raised by the applicant is that at the time of awarding any monetary relief in terms of Section 20(1)(d) of the Act, whether the Court is required to take into consideration the liability and entitlement for maintenance in terms of Section 125 of the Code ?