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2011 Supreme(Chh) 283

T.P.SHARMA, R.L.JHANWAR
SUNIL SINGH – Appellant
Versus
NEETU SINGH – Respondent


Advocates appeared:
Mr. Malay Kumar Bhaduri, Advocate, for the Appellant.
Mr. Rahul Birtharey, Advocate, for the Respondent.

JUDGMENT

As per Hon 'ble Shri T.P. Sharma, J. :-

1. Challenge In this appeal is to the order dated 25-2-2010 passed by the Judge, Family Court, Bilaspur in Misc. Criminal Case No.592/2005, whereby learned Judge, Family Court has awarded monetary relief of Rs.3,000/- per month and Rs.5 lakhs as one time payment under Sections 19 & 22 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005'), to the respondent.

2. Order is impugned on the ground that the Judge, Family Court was not having jurisdiction to award such relief and by awarding such relief, the Judge, Family Court has committed illegality.

3. Brief case of the parties is that the parties are legally wedded spouses and as per the application filed before the Judge, Family Court, Bilaspur on behalf of the respondent, originally the respondent has claimed maintenance of Rs.5,000/- per month under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the appellant. The claim was denied by the appellant. During the pendency of the proceeding, the respondent has filed application under Sections 17, 18, 19, 20, 22 & 26 of the Act of 2005 read with Section 7 of the Family Cou





























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