Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the state of Bihar, and learned counsel appearing on behalf of the opposite party no.2.

2. The petitioner, being aggrieved by order dated 11.8.2008 passed in Cr. Appeal No. 241 of 2008 by learned Additional Sessions Judge-IV, Patna, affirming the judgment and order darted 22nd May, 2008 passed in Domestic Violence Case No. 9 of 2007 by the learned Judicial Magistrate, 1st Class, Patna, with some modification, has preferred the present revision application under sections 397 and 401 of the Code of Criminal Procedure, 1973, questioning the validity, correctness and propriety of the orders passed by the learned courts below.

3. It is admitted case of the parties that the petitioner had solemnized his marriage with opposite party no.2 on 18.6.1999 in accordance with Hindu rituals. According to the petitioner, unfortunately, opposite party no.2, from the very first day of her marriage, refused to co-habit with the petitioner and refused to have any physical relationship with him, despite all efforts made by him. Consequently, the petitioner filed Divorce Case No. 285 of 2000 before the learned Principal Judge, Family Court, Patna, seeking a decree of divorce from the opposite party no.2 primarily on the ground of cruelty, which is still pending before learned Additional Principal Judge, Family Court, Patna, for its final adjudication.

4. It is also the admitted case of the parties that in the aforesaid Divorce Case filed by the petitioner an ad interim maintenance at the rate of Rs. 4,000/- per month was directed to be paid to opposite party no.2 by an order dated 26.9.2006. Costs of the litigation of Rs. 5,000/- was also awarded in favour of opposite party no. 2.

5. It is the case of the petitioner that the amount of ad-interim maintenance is being deducted from his salary by virtue of order passed by the Family Court, Patna, and is being paid to opposite party no.2. However, for certain interregnum period, when the petitioner had not been paid his salary, the amount of ad-interim maintenance of opposite party no.2 is still due, which the petitioner is, now, prepared to pay.

6. While the aforesaid Divorce case, filed by the petitioner, was still pending, opposite party no.2 filed an application under Section 12 of The Protection of Women From Domestic Violence Act, 2005 ( for short ‘the PWDV’ Act ) giving rise to Domestic Violence Case No. 09 of 2007 in the court of learned Judicial Magistrate, Ist Class, Patna. It is the case of opposite party no.2 that on 13.9.2007, she visited the house of the petitioner for performing Teej festival, but she was not allowed to enter inside the house and was humiliated and was driven out from there. According to the opposite party no.2 abuses were also hurled upon her by the petitioner and his other family members. Therefore, the petitioner is alleged to have committed domestic violence and as such opposite party no.2 is entitled to have protection, compensation, and other reliefs under the provisions of the PWDV Act.

7. In the aforesaid Domestic Violence case, notice was issued to the petitioner and he filed his written statement disputing the allegation of opposite party no.2. It was specifically pleaded that opposite party no.2 was living separately for last several years, since after some time of her marriage, and there is absolutely no domestic relationship between the petitioner and opposite party no.2. It was also pleaded that since opposite party no.2 was getting ad interim maintenance at the rate of Rs. 4,000/- per month pursuant to the order passed by the learned Family Court, Patna in the Divorce case filed by the petitioner, therefore, the present application is not maintainable and opposite party no. 2 is not entitled to get any relief.

8. On consideration of materials produced by the parties, order dated 22.5.2008 was passed by learned Judicial Magistrate, Ist Cla