R.P.Nagrath, J.—Marriage of the appellant and respondent No.1 was solemnized on 26.8.1997. Respondents No.2 and 3, the minor children born from the wedlock, are in the care and custody of their mother. Marital dispute arose between the couple, leading to the institution of maintenance petition under Section 125 of Cr.P.C. and registration of a case against the appellant under Section 498A, 406 of the IPC. Interim maintenance was granted by the Magistrate in the proceedings under Section 125 Cr.P.C. directing appellant to pay Rs.400 per mensem to each of the respondents.

2. The respondents instituted a suit in the Family Court under Hindu Adoption and Maintenance Act, 1956, claiming award of maintenance @ Rs.4,000 per month to each of them and for creating charge over the immovable properties as the respondents apprehended that these properties would be sold in order to deprive them in enforcing maintenance. The Family decreed the suit, granting to each of respondents Rs.1,500 p.m. as the maintenance allowance and further that they are entitled to recover maintenance amount by creating charge over immovable properties as mentioned in Ex.P1 and Ex.P3, which are copies of Hous