SHAHID SHEIKH Vs. SHABANAZ

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the respondent.

(2.) RULE . Rule made returnable forthwith by consent.

(3.) RELYING upon the judgment of learned Single Judge of Delhi High Court in the case of Rachna Kathuria Vs. Ramesh Kathuria in Cri. M.C. No.130/2010 and Cri. M.A. No. A504/2010 decided on 30/8/2010, learned Counsel for the petitioner submits that respondents do not have any right to claim maintenance in a parallel proceedings when they have already availed of maintenance right in an application filed under Section 127 of the Criminal Procedure Code. According to learned Counsel for the respondents, the view so taken by the learned Single Judge of Delhi High Court is based upon the consideration of Sections 12 and 19 of the Protection of Women from Domestic Violence Act, 2005 (for short, the D.V. Act) and it appears that no consideration has been given to the specific provision under Section 20(1)(d) of the D. V. Act confirming special right upon the aggrieved person to claim maintenance either including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure or any other law for the time being in force and, therefore, this judgment would not be applicable to the facts of the present case.