The petitioner is the husband of the first respondent and the father of the second respondent. The respondent filed M.C.No.107 of 2008, before the learned Chief Judicial Magistrate, Thiruchirappalli, claiming maintenance under Section 125 of the Code of Criminal Procedure, [hereinafter referred to as "the Act"]. The learned Chief Judicial Magistrate, by order dated 19.06.2009, passed an order, directing the petitioner to pay a sum of Rs.500/- per month to each respondent herein towards their maintenance. As against the same, the respondents filed Crl.Rc.No.88 of 2009. By order dated 23.05.2011, the learned Additional District and Sessions Judge, Tiruchirappalli, modified the order of the learned Chief Judicial Magistrate and directed the petitioner to pay a sum of Rs.2,500/- per month to each respondent herein towards their maintenance. The petitioner claims that he has been paying the said amount without any default. While so, the respondent filed M.C.No.158 of 2009, on 20.01.2009, under Section 20 r/w Section 12 of the Protection of Women from Domestic Violence Act, 2005, [hereinafter referred to as “the Act”], claiming various reliefs under the said Act, including monetary relief towards their maintenance. The learned Judicial Magistrate, by order dated 31.01.2012, directed the petitioner to pay a sum of Rs.2,000/- per month to the first respondent and a sum of Rs.1,500/- to the second respondent towards their maintenance. Challenging the said order, the petitioner filed Crl.A.No.17 of 2012. The learned Second Additional District and Sessions Judge, by order dated 31.01.2014, confirmed the order of the learned Judicial Magistrate, directing the payment of maintenance. The said order is under challenge in this Criminal Revision Case.

2. I have heard Mr.N.Mohideen Basha, the learned counsel appearing for the petitioner, Mr.T.Lajapathi Roy, the learned Amicus Curiae, appointed by this Court to argue the case on behalf of the respondents and perused the records carefully.

3. The foremost contention of the learned counsel for the petitioner is that a Magistrate, acting under Section 20 of the Act, has got power to grant maintenance under Section 125 of the Code. According to him, Section 125 of the Code and Section 20 of the Act serve two different purposes and orders could be passed under these provisions on two different considerations. These two provisions, according to the learned counsel, are mutually exclusive.

4. But, Mr.T.Lajapathi Roy, the learned Amicus Curiae appointed by this Court, would submit that under Section 20(1)(d) of the Act, a Judicial Magistrate is fully empowered to pass an order for maintenance also. The learned counsel would further submit that Section 20 of the Act and Section 125 of the Code are not mutually exclusive and they are complementary to each other. He would further submit that an aggrieved party has got option either to go before the Magistrate under Section 125 of the Code or under Section 20 of the Act, claiming maintenance.

5. Before entering into any further discussion, let us have a quick look into the relevant provisions.

6. Section 125 of the Code is reads as follows:-

"125. Order for maintenance of wives, children and parents.

(1) If any person leaving sufficient means neglects or refuses to maintain-

(a) His wife, unable to maintain herself, or

(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) His father or mother, unable to maintain himself or herself,

A Magistrate of’ the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such magi