( 1 ) THIS revision petition is directed against the order dated 17-12-2002 passed by the III Additional Civil Judge (Junior Division), Bellary on la. No. II in O. S. No. 223 of 2002 and also to dismiss the application filed by the 1st respondent.

( 2 ) THE respondents herein have filed I. A. No. II in O. S. No. 223 of 2002 before the Trial Court seeking interim maintenance of Rs. 3,000/- per month till the disposal of the suit from the petitioner herein.

( 3 ) THE brief facts of the case are as under: the petitioner is the husband of the 1st respondent and their marriage was performed as per the rites and customs of Muslim on 16-5-1996. After marriage she led happy marital life at Bellary and 2nd respondent is born out of their wedlock on 5-5-1998. After the birth of 2nd respondent, petitioner and his family members demanded a sum of rs. 1,00,000/- to improve the business. When she refused to ful fill the demand, petitioner started harassment by without providing proper food and she has been put to mental torture. When the harassment continued, 1st respondent's mother, sisters and brothers with great difficulty have paid a sum of Rs. 50,000/- in the month of January 2001. In spite of that, petitioner and his family members have not stopped cruelty. In the month of April, petitioner assaulted 1st respondent without giving food and medical treatment to her and 2nd respondent, and snatched all gold ornaments from her, which were presented by her parents and brothers. Petitioner has forced the 1st respondent to leave her marital home along with 2nd respondent. 1st respondent left the marital home and joined her brother for better prospects of 2nd respondent. Several negotiations and panchayaths were held but the petitioner has not made any efforts to take her back. Therefore, 1st respondent lodged a complaint before cowl Bazar Police Station, Bellary against petitioner and his family members for the offence under Section 498-A of the IPC read with sections 3 and 4 of the Dowry Prohibition Act. During the pendency of the said case, petitioner and his family members requested her to withdraw the case and undertook to maintain respondents without any cruelty. 1st respondent at the intervention of the family members agreed for compromise and withdrew the case. In spite of that, petitioner's attitude was not changed, therefore, she was compelled to go to his parental house. 1st respondent came over to Bangalore and admitted her daughter, 2nd respondent to Vidyanidhi Trust, White Field, Bangalore. 1st respondent has no source of income and she is entirely depending upon her parents. Therefore, she has filed LA. No. II in O. S. No. 223 of 2002 for grant of interim maintenance at the rate of Rs. 3,000/- per month which was allowed by the Trial Court on 17th December, 2002 by granting maintenance at the rate of Rs. 500/- each to the respondents 1 and 2.

( 4 ) THE principal submission canvassed by the learned Counsel for the petitioner is that, I. A. No. II filed by the respondents before the Trial court is not maintainable on the ground that the respondent 1 has filed the suit for restitution of conjugal rights and there is no provision under the Mohammedan Law to file such a suit. Therefore, once the suit filed is not maintainable, the question of considering LA. No. II for maintenance is not at all sustainable. This aspect of the matter is not at all considered by the Trial Court, as such the order is liable to be set aside. Further, he submitted that during the course of argument that the petitioner has divorced the 1st respondent and the question of maintaining her does not arise and Trial Court has not at all taken into consideration this aspect of the matter and awarded maintenance at the rate of Rs. 500/- each without any basis. Further, he has submitted that once the 1st respondent had been divorced, the question of giving maintenance by the petitioner does not arise and there is no provision in the Mohammedan law,