MAGRAJ CHOUHAN Vs. CHANCHAL DEVI

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 22.3.2011 passed by the Additional Chief Judicial Magistrate (Economic Offences), Jodhpur Metro, whereby monetary compensation at the rate of Rs. 2,000/- per month was awarded in favour of the respondent wife under Protection of Women from Domestic Violence Act, be set aside along with the order passed by the appellate Court below whereby the order of maintenance was affirmed.

(2.) The counsel for the petitioner has submitted that the marriage was solemnized between the petitioner and respondent in the month of June, 1985 as per the Hindu rites and customs, therefore, the wife is not entitled to invoke the provisions of Protection of Women from Domestic Violence Act, 2005 (hereinafter shall be referred to as the Act'). It is urged that the Act will not apply retrospectively.

(3.) The counsel for the respondent/aggrieved wife has relied upon V.D. Bhanot v. Savita Bhanot, (2012) 3 Supreme Court Cases 183, wherein the contentions raised by the counsel for the petitioner were considered and rejected. It will be apposite to reproduce paras 7, 8 and 12 of the V.D. Bhanot's judgment supra as under: