Brief facts
- The appellants assail an order passed by the High Court dismissing the criminal revision, declining to interfere with the granted Rs. 10,000/- as maintenance to the respondent in proceedings under section 20 of the Protection of Women From Domestic Violence Act, 2005.
- The appellants contend that the claim for maintenance under section 20 of the Act was specifically negatived by the judicial magistrate. The learned Magistrate therefore could not have simultaneously ordered for maintenance in a pending proceeding under section 125 of Code of Criminal Procedure, 1973 over which he had no jurisdiction.
Judgment
It was held that the proceedings under Domestic Violence under the DV Act and Section 125 CrPC are independent proceedings and the learned Magistrate could not assume jurisdiction in a proceeding under section 125 CrPC which was not pending before him and it was a completely independent proceeding to direct grant of maintenance under the same.
