V.M. Deshpande, J.

Rule. Rule is made returnable forthwith. Heard finally by the consent of both the parties.

Heard Shri Mir Nagman Ali, learned counsel for the applicant and Shri. S.O. Ahmed, learned counsel for the non applicants.

2. The present revision is filed by the husband against his wife and two minor children. According to the applicant, the maintenance granted in favour of the non applicants is very much on higher side.

3. An application under section 12 of Protection of Women From Domestic Violence Act, 2005 was filed by the non applicant no. 1 Shamimbanu and her two minor children, Seema Tabassum, minor daughter, aged about 8 years and Mohammad Saad, minor son, aged about 6 years. The said proceedings were registered as Miscellaneous Criminal Case No. 72 of 2012 and was allotted to the file of 2nd Judicial Magistrate, First Class of Yavatmal.

4. It is stated in said application, that the marriage between the present applicant and the non applicant No. 1 was solemnized as per the personal law by which the parties were governed at Achalpur. From the wedlock, present non applicant nos. 2 and 3 were born. By passage of time, there were some bickering's in between the couple which ultimately escalated towards verbal duals and ultimately the wife and children were shown road by the present applicant. That time, the non applicant no. 3 was breast a feeding child.

5. A report was lodged by the non applicant no. 1 against the applicant which was registered for the offences punishable under sections 498A, 323 read with section 34 of Indian Penal Code. At that time of filing the application under Protection of Women from Domestic Violence Act, 2005, the applicant and his family members were convicted by the learned Magistrate for an offence punishable under section 323 of IPC.

6. An appeal was carried against such conviction. At that time, decision of the application under section 12 of said appeal was pending before the learned Appellate Court. However during the argument, learned counsel for the applicant Shri Mir Nagman Ali makes a statement that the said appeal filed by the applicant and his family members stands allowed and they are acquitted. This aspect is not disputed by the learned counsel for the non applicant shri S.O. Ahmad.

7. By filing the application under section 12 of the Protection of Women From Domestic Violence Act, 2005, non applicants claimed maintenance from the applicant, so also, the shelter. The application was hotly contested by the present applicant by filing his written statement. In the written statement, it was pointed out that prior to the initiation of proceedings under section 12 of Protection of Women From Domestic Violence Act, 2005, a proceedings under section 125 of the Code of Criminal Procedure, 1973 was filed by the present non applicant and in the said proceedings Rs. 1,500/- was granted as maintenance favour of the non applicant no. 1/wife and Rs. 1,000/- to the non applicant no. 2 and 3.

8. It is also stated in the written statement that an attempt was made to compromise the dispute, however, in vain, a suit filed by the non applicant no. 1 for declaration, declaring the second marriage performed by the present applicant, is null and void, is also dismissed by the competent Civil Court and the appeal against the same is pending.

9. The learned Magistrate conducted a full fledged trial. After appreciating the pleadings and the evidence and various documents as brought on record by the parties, learned Magistrate partly allowed the application filed on behalf of the non applicants thereby directing the applicant to pay amount of Rs. 1,000/- to the wife and Rs. 500/- to each non applicant no. 2 and 3 by way of maintenance from the date of the application.

10. This verdict gave a cause for both applicant and the non applicants to approach before the Appellate Court under Section 29 of the Domestic Violence Act. The appeal filed on behalf of the present applicant was registered as Crimin