1) Heard finally. Rule made returnable forthwith.

2) Petitioner No.1 Smt. Parvin was married to Respondent No.1 Firoz. She had applied to the learned Chief Judicial Magistrate, Osmanabad for maintenance and consequential benefits under the provisions of Section 12 of The Protection of Women from Domestic Violence Act, 2005 (for short, the DV Act).

3) The learned Chief Judicial Magistrate allowed the application and directed the respondent and his parents not to cause domestic violence to the petitioners. The respondent was directed to pay an amount of Rs.2,000/- per month to petitioner No.1 – Parvin and Rs.1,000/- per month to Petitioner No.2 Vasim and Petitioner No.3 – Muskan, as maintenance. The respondent was directed to pay an amount of Rs. 1,000/-per month towards rental charges for accommodation.

4) In Criminal Appeal No.66/2010, the learned Additional Sessions Judge, Osmanabad allowed the appeal and set aside the order of maintenance, referred to above on the ground that there had been a talaq on 9.11.2009 by Respondent No.1 to the petitioner and the application under Section 12 of the DV Act was moved on 24.11.2009, and not maintainable.

5) Section 12 of the DV