- (1.) Two revision petitions have been filed assailing the order passed by the Family Court, Ajmer on 10.12.2008.
(2.) Smt Rana Nahid (Petitioner in revision No. 295/2009 and Respondent in revision No. 221/2009) preferred an application under Section 125 Code of Criminal Procedure seeking maintenance. While hearing the application, Family Court found that application under Section 125 Code of Criminal Procedure is not maintainable thus invoked the provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (for short 'the Act of 1986') and awarded a sum of Rs. 3,00,000/- to the wife-Smt Rana Nahid towards maintenance apart from maintenance to son.
(3.) Learned Counsel for Petitioner-husband-Dr Shahidul Haq Chisti, in other revision petition has assailed the order mainly on the ground that as per provisions of Section 3 of the Act of 1986, an application can be maintained before the competent Magistrate, but contrary to aforesaid, Family Court entertained the application treating it to be under Section 3 of the Act of 1986, and passed the impugned order which is per se illegal being without jurisdiction. The prayer is, accordingly, to set aside the impugned order to the extent of awarding maintenance to Smt. Rana Nahid.;