The instant miscellaneous petition has been filed by the petitioner challenging the order dated 7-11-2009 passed by the judicial Magistrate No. 1, Sri Ganganagar in Criminal Miscellaneous Case No. 312/2009 rejecting the application filed by the petitioner under S. 31 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act of 2005') for seeking initiation of the criminal proceedings against the respondent on account of non-compliance of the order of monetary relief.

2. The petitioner, being the wife of the respondent, had filed an application under Section 12 as well as under Section 23 of the Act of 2005 seeking maintenance for herself and also for her child. The application under Section 23 of the Act of 2005 was allowed on 11-8-2009 and the respondent was directed to make payment of Rs. 3000/- per month to the petitioner and Rs. 2000/- per month to the child. When the respondent did not comply with the order, the petitioner filed an application before the learned trial Court under Section 31 of the Act of 2005 seeking prosecution of the respondent on the ground of non-compliance of the order of monetary relief. The said application has been rejected b