AMIT KUMAR Vs. CHARU MAKIN

JUDGEMENT

(1.) The respondent filed a complaint case being CC No. 217/4/2014 under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (in short 'PWDV Act') before the learned Metropolitan Magistrate inter alia seeking restraint against the petitioner from approaching or visiting the house of the respondent or her workplace and restraining him from committing any act of domestic violence. Prohibition was also sought against the petitioner from having any access to the minor child or coming to school of the child or to any other place where the minor child went for her extracurricular activity and also prohibiting the petitioner from removing the minor child from the custody of the respondent. In view of the interim relief sought vide order dated 19th Nov., 2014 the learned Metropolitan Magistrate restrained the petitioner from interfering with the custody of the minor daughter till the next date of hearing.

(2.) Served with the interim order passed by the learned Metropolitan Magistrate, the petitioner filed an application before the learned Trial Court for modification of the order dated 19th Nov., 2014 wherein on 26th Nov., 2014 an interim consent order was passed. As an interim measure the parties agreed that the minor child shall go to the place of the mother of the respondent on every Saturday till the next date from 10.00 AM to 10.00 AM Sunday and the petitioner shall be with the daughter for 24 hours.

(3.) The interim application filed by the respondent under Sec. 23 of the PWDV Act and that of the petitioner seeking setting aside of the ex-parte order dated 19th Nov., 2014 under Sec. 25 of the PWDV Act was decided by the learned Metropolitan Magistrate vide order dated 9th Nov., 2015. Vide order dated 9th Nov., 2015 the learned Metropolitan Magistrate noting that the minor child was aged six years and was in the custody of the respondent, restrained the petitioner from removing the minor child from the custody of the respondent or from having any access to the minor child or visiting the child in school or at any of the place where she went for her extra-curricular activity. It was further directed that the petitioner shall have visitation rights twice a week on every Saturday and Sunday between 5.00 PM to 9.00 PM at the place mutually decided by the parties.