IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Revision Petition No.1225/2009 (Mohan Vs. Smt. Sanju) Date of Order : 18.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Bharat Yadav, for the petitioner. By the Court:
By this revision petition, a challenge has been made to the order passed by the Judicial Magistrate dated 28.01.2009 directing petitioner to pay a sum of Rs.2000/- towards maintenance in view of the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act of 2005). The petitioner preferred an appeal, however, the same was also dismissed.
It is stated that non-petitioner was residing separately prior to coming into effect the Act of 2005, thus the application moved under the Provisions of the Act of 2005 was not maintainable.
I have considered the submission made by the learned counsel for the petitioner.
The complaint under the Act of 2005 was filed in the year 2007 and maintenance has been awarded with effect from the date of order i.e. 28.01.2009. In view of the aforesaid, even if the wife was residing separately prior to coming into effect the Act of 2005, the benefit of maintenance under the Act of 2005 cannot be denied. It is not a case where the benefit has been given or even the complaint was filed before coming into effect the Act of 2005, thus I do not find any substance in the revision petition, hence the same is dismissed.
(M.N. BHANDARI),J.
Preety
Item NO.S-29