JUDGMENT : - This Criminal Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 3.6.2013 passed by Additional Chief Judicial Magistrate, NO.3, Alwar in Cr. Case No. 158/2012 whereby the application moved by respondent has been allowed. The contention of the learned counsel for the petitioner is that earlier on 4.2.2013, order under Section 21 of Protection of Women from Domestic Violence Act, 2005 has been passed and custody of two minor children has been ordered to be given to respondent No.1. Against which he preferred an appeal and the appeal is still pending. Meanwhile, respondent NO.1 moved an application for taking custody of the children on which the impugned order dated 3.6.2013 has been passed. The only anxiety of the present petitioner is that when appeal is pending if the compliance is done, the appeal will become infructuous, hence his right of appeal be frustrated. Counsel for the respondent No.1 has submitted that appellate court has not stayed the compliance of the order, hence the impugned order is justified. The contention of the present petitioner is that there is no provision of stay under Section 29 of the said Act during appeal, hence he could not pray for the stay. In view of the matter, when the appeal is pending against the original order dated 4.2.2013, if the compliance of the order dated 3.6.2013 is done, the appeal will automatically be dismissed, hence while staying the order dated 3.6.2013, it is directed that the appellate court shall decide the appeal within one month from the date of receipt of a copy of this order. Copy of this order be sent by the Deputy Registrar (Judl.) to the concerned court.