The petitioner has preferred this Cr. Revision for setting aside the impugned order dated 18.6.2007 passed by the Principal Judge, Family Court at Jamshedpur in Misc. Case No. 102 of 2006 whereby the petitioner was directed to pay Rs.2,000/- to his wife O.P. No. 2 and Rs.1,000/- to her minor daughter O.P. NO.3 per month as interim maintenance till the disposal of the case and further to pay Rs.2,000/- being the litigation cost in a proceeding under Section 125 Cr. P.C.

2. Proceeding under Section 125 Cr. P.C. was initiated on the instance of the O.P. Nos. 2 & 3 against the petitioner stating, inter alia, that the O.P. NO.2 was married to the petitioner on 14.11 .2004 at Jamshedpur but after marriage when she came to her matrimonial home, it was alleged that the petitioner-husband and her in-laws started ill-treating and misbehaving her. Yet, out of wedlock she became pregnant in the month of April, 2005 and even-during her pregnancy it was alleged that the petitioner used to perpetrate mental cruelty by extending threat to divorce her. It was further alleged that in the month of August, 2005 the petitioner demanded a substantial sum to be brought from her parental home and pursuant to that she came to her parental home where she delivered a female child. After a month thereafter the petitioner visited and she was taken to her matrimonial home on 5.2.2006 where she found her ornaments made of gold missing which she had kept in "Almirah". She alleged that when she enquired about her jewelleries, the petitioner became furious. It was further alleged that there was none to take care of her and the baby child. Even she was deprived of her food and clothes. The petitioner on her arrival started demanding Rs.5 lakhs and on 22.4.2006 also she was abused and tortured in various ways. The O.P. No. 2 in support of her claim stated that the petitioner had earning of Rs.20,000/- per month and that she required Rs.8,0001- per month to meet out minimum needs of herself and for the daughter O.P0. NO.3 and also Rs.3,0001. being the litigation cost.

3. O.P. Nos. 2 & 3 preferred an ad interim petition No. 24 of 2007 demanding ad interim maintenance on the similar fact as stated in the proceeding under Section 125 Cr. P.C. and by the order impugned, ad interim maintenance was awarded to the tune of Rs.2.000/- and As. 1,000/- to the O.P. Nos. 2 & 3 by the Principal Judge. Family Court

4. Learned Counsel advancing his argument submitted that the petitioner had presented a Matrimonial Suit No. 141 of 2006 before the Principal Judge, Family Court. Jamshedpur under Section 13(1 )(a) of the Hindu Marriage Act, 1955 seeking decree of divorce against the O.P. NO.2.

5. The learned Counsel with reference to Annexure-3 of the Cr. Revision

Petition submitted that the 1st Additional Sessions Judge, while disposing of the bail petition of the petitioner Saheb Singh on 27.9.2006 observed:-

"Today this court held reconciliation proceeding between the parties in presence of their lawyers. It was decided that at present informant will stay with her parents and petitioner shall pay Rs.2,0001- per month for maintenance of wife and their child. The parties shall appear before the Principal Judge, Family Court, Jamshedpur in a case of maintenance already pending vide Misc. Case No. 102 of 2006 and get the case disposed off at the earliest on the basis of compromise reached today. They have also decided that petitioner shall withdraw divorce case filed against informant and it was also agreed that petitioner shall visit once in a month to see his child."

6. In view of the aforesaid order the petitioner was admitted to bail in Birsanagar P.S. Case No. 162 of 2006 for the alleged offence under Section 498A I.P.C. and under Section 3/4 of the Dowry Prohibition Act. The petitioner had agreed in such conciliation to maintain his wife and daughter by paying Rs.2,000/- per month and in compliance to the above direction he withdrew the divorce case though it was permitted