ANURAG MANOHAR KANKERWAL Vs. SOHAM RANI

JUDGEMENT

(1.) By way of present petition, the petitioner-husband seeks setting aside of the judgment dtd. 1/4/2024 [hereafter impugned judgment], passed by the learned ASJ-05, Shahadra, Karkardooma Courts, Delhi [hereafter Appellate Court], in Criminal Appeal No. 45/2023 preferred under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 [hereafter PWDV Act], whereby the order dtd. 28/2/2023 passed by the learned MM (Mahila Court)- 01, Shahadra, Karkardooma Courts, Delhi [hereafter Trial Court] in Ct. Cases 2271/2020, instituted by the respondent-wife under Sec. 12 of the PWDV Act, was partially modified.

(2.) Briefly stated, the facts of the present case are that the marriage between the petitioner-husband and the respondent-wife was solemnised on 13/11/2013 as per Hindu rites and ceremonies. Out of the said wedlock, two male children, S and A, were born on 25/8/2015 and 6/5/2017 respectively. However, owing to matrimonial discord between the parties, their relationship deteriorated and they started living separately in March 2019. It is stated that the elder son S is presently in the custody of the petitioner-husband, whereas the younger son A is in the custody of the respondent-wife.

(3.) Thereafter, on the basis of a complaint dtd. 31/8/2020 filed by the respondent-wife, FIR bearing No. 265/2020 was registered for offences under Ss. 34/406/498A/354A of the IPC.