MOHAMMAD HAMEED Vs. SABNAM SHEKH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present misc. petition has been filed challenging the order dated 22.08.2007 passed by the learned Chief Judicial Magistrate, Sirohi directing payment of maintenance under the provisions of the Protection of Women from Domestic Violence Act, 2005 to the respondent to the tune of Rs. 2500.00 per month and an amount of Rs. 25,000.00 on the ground of mental cruelty also to be paid to the respondent by the petitioner. The order dated 22.08.2007 passed by the learned Chief Judicial Magistrate, Sirohi has been affirmed in appeal by the learned Sessions Judge, Sirohi by order dated 28.09.2007.

(3.) Assailing the said orders, learned counsel for the petitioner submits that in this case, admittedly the case of the respondent is that she was treated with cruelty by the petitioner between 27.12.2004 to 25.10.2005. Learned counsel submits that the provisions of Protection of Women from Domestic Violence Act came into force on 26.10.2006, as such, any act of cruelty which has taken place before this date cannot be dealt with under the aforesaid Act. Learned counsel for the petitioner has placed reliance on the decision in the case of Hema @ Hemlata (Smt.) & Anr. Vs. Jitender @ Anr., reported in 2009(1) Cr.L.R. (Raj.) 291.