DHANRAJ Vs. KAVITA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Petitioner/husband has preferred this revision petition challenging the impugned order dated 29.6.2010. passed by Family Court, Kota in Criminal Misc. Case No. 650/2005, whereby an application filed by respondent/wife under Sec. 125 Crimial P.C. for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of Rs. 1500.00 per month towards maintenance to wife with effect from 1.3.2008.

(3.) Submission of learned counsel for petitioner is that respondent filed an application under Sec. 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 15.12.2007, therefore, respondent was not entitled for any maintenance. It is submitted that maintenance could have been granted under Sec. 12 of the Act of 2005 also, but since her application was dismissed, therefore, Court below committed an illegality in allowing the application under Sec. 125 Crimial P.C.