MOHAMMED RAFIQUE Vs. BARKAT

JUDGEMENT

(1.) Aggrieved by the order dated 13.07.2010 passed by the Family Court, Jodhpur, whereby the learned Judge has di-rected the petitioner to pay a maintenance of Rs.2,000/- per month, the petitioner has sought the refuge of this Court.

(2.) The learned counsel for the petitioner has raised a single contention before this Court, namely under Section 7 of the Family Courts Act, 1984, the Family Court does not have the jurisdiction to entertain an applica-tion filed under Section 125, Cr. PC. In or-der to buttress this contention, the learned coun-sel has relied upon the case of Shahidul Haq Chisti v. Smt. Rana Nahid & Anr.,2010 AIR(Raj) 1101].

(3.) On the other hand, the learned counsel for the respondent has relied upon the case of Shabana Bano v. Imran Khan, 2010 AIR(SC) 305 in order to buttress his contention that the Fam-ily Court does have the jurisdiction to enter-tain an application filed under Section 125, Cr.P.C.