1. - This misc. petition has been filed by the petitioner under Section 482 Cr. P.C. against the order dated 13.12.2010 passed by Judicial Magistrate (First Class) Sikrai, Dausa in Criminal Case No. 33/2010 whereby the application filed by the respondnety No. 2 for interim maintenance was allowed and the petitioner was further directed to pay a sum of Rs. 1,000/- per month to the non-petitioner No. 2 till final disposal of the main application.

2. Brief facts of the case are that the marriage of the petitioner and non-petitioner No. 2 was solemnized on 21.05.2002 as per Hindu Rites. After three years of the marriage the Gonna was done in the year 2005 and out of this wedlock she gave birth to a female child. Later on the non-petitioner No. 2 went back to her parents house along with her brother and did not come back. The petitioner many times asked the non-petitioner No. 2 to come to his house but when she did not return the petitioner filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights on 06.07.2009. The non-petitioner No. 2 lodged a complaint against the petitioner for the offence under Section 498A, 406 and 323 IPC. On the ap