DHEERAJ CHAWLA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. In this revision petition, the petitioner is challenging the validity of the order Dt. 17.1.2014 passed by Chief Judicial Magistrate, Sriganganagar in criminal case No. 59/2013 by which the trial Court allowed the maintenance of Rs. 7000/- to the non-petitioners - wife and daughter of the petitioner in the proceedings initiated by the respondent No. 2 under Sections 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005. The said order is further upheld by the Addl. Sessions Judge, No. 1, Sriganganagar vide order Dt. 5.5.2014. In this revision petition both the above orders are under challenge.

(2.) Learned counsel for the petitioner submits that an application was filed by the petitioner under Section 9 of the Hindu Marriage Act in the Family Court in which the order has already been made inspite of that, the respondent No. 2 is not living with him. Further, it is submitted that an application under Section 125 Cr.P.C. was also filed by the respondent No. 2, which is yet to be decided by the trial Court, therefore, in these circumstances, the orders of granting maintenance may kindly be quashed.

(3.) In support of his contention, learned counsel for the petitioner has invited the attention of this Court towards the judgment rendered by this Court in case of Chandu (Smt.) & Ors. v. Shobha Lal,2013 1 CrLR 511 in which it has been held that the petitioner wife not complied the decree and living separately without justification, therefore, she is not entitled for maintenance. Further, learned counsel for the petitioner invited attention of this Court towards the judgment rendered by this Court in case of Kamlesh (Smt.) and Rajendra Singh, reported in 2012 (4) Cr.L.R. (Raj.), p.2138 in which the same preposition of law was decided.