DINESH MAHESHWARI,J. - (1.) PRELIMINARY This criminal revision petition, directed against the order dated 20.01.2012, as passed by the Family Court, Udaipur on an application under Section 125 of the Code of Criminal Procedure, 1973 ('the Code'/'Cr.P.C.'), was filed by the petitioner, and was dealt with by the office, as a matter to be laid before a Single Judge of this Court. However, this petition has been placed before the Division Bench in view of an order passed by a learned Single Judge of this Court on 17.07.2013 holding that this matter is required to be registered as "DB Petition for Family Courts and Matrimonial Matters".
(2.) UPON this matter having, thus, been placed before the Division Bench, on 27.08.2013, a co-ordinate Bench posed the obvious question to the parties "as to whether a criminal revision petition against the order of the Family Court under Section 125 Cr.P.C. would be maintainable before a Single Judge or before the Division Bench?" After having heard the learned counsel for the parties on the question so posed and having examined the law applicable, we are, with utmost respect, unable to endorse the views expressed by the learned Single Judge in the order dated 17.07.2013. In our view, on the existing scheme of law applicable, this matter could not have been sent to the Division Bench. Having regard to the circumstances, we feel it expedient and in the interest of justice necessary to deal with the relevant aspects of law at some length for appropriate future course in regard to this nature litigation.
(3.) IT appears appropriate to observe at the outset that we are not making any comment on the merits of the case either way for the order proposed to be passed. Reference herein to the facts is only for a brief insight into the background in which the matter has come up before this Court. The matter arises out of an application filed by the non-petitioner-wife under Section 125 of the Code of Criminal Procedure, 1973 before the Family Court at Udaipur. The petitioner-husband contested the application, inter alia, with denial of existence and subsistence of the matrimonial relations with the applicant-wife. The applicant-wife stated herself to be a resident of Udaipur and also alleged that the marriage of the parties was solemnized in Udaipur District within the jurisdiction of the Family Court at Udaipur. By way of the application, the applicant-wife alleged that the present petitioner failed to provide her maintenance and sought the relief that the provision for her maintenance at Rs. 5,000/- per month be made. After taking evidence, the learned Judge, Family Court held the applicant-wife entitled to claim maintenance and found it just and proper to direct the non-applicant-husband (present petitioner) to make payment of an amount of Rs. 3,000/- per month towards her maintenance from the date of filing of the application, i.e., 21.09.2005. The petitioner-husband is aggrieved of the order so passed by the Family Court, Udaipur and hence, has filed this petition with reference to Sections 397 and 401 of the Code of Criminal Procedure, 1973 and further with reference to Section 19 (4) of the Family Courts Act, 1984 (hereinafter referred to as "the Act of 1984"/"Family Courts Act").;