As far as other contention raised by learned Counsel for the petitioner that the orders/judgment passed by learned Courts below is not sustainable in view of the fact that the petitioner was also receiving Rs.3,500/ per month under Section 125 of the Criminal Procedure Code Cr.P.C., is concerned, the said plea of learned Counsel for the petitioner is also liable to be rejected. The provisions of Section 125 of the Criminal Procedure Code and Section 12 of the Protection of Women from Domestic Violence Act, 2005 are distinct and different. Law does not prohibits the wife to proceed under both of the said statutory provisions simultaneously or Otherwise. [Para No.11]
Himachal Pradesh High Court
Sachin Sharma
Vs.
Palvi Sharma
Decided on 26/10/2020