SNEHA MILIND KALE Vs. MILIND SHRIKRISHNA KALE

JUDGEMENT

(1.) The challenge in this revision is to the judgment and order dtd. 13/07/2021 passed by the learned Additional Sessions Judge-9, Nagpur in Criminal Appeal No.16/2021, whereby confirming the order dtd. 18/02/2021 passed by the Judicial Magistrate First Class, Court No.10, Nagpur on Exh.6 in M.C.C. No.316/2021.

(2.) Briefly stated, the applicant/wife has applied to the learned Magistrate in terms of Sec. 12 of Chapter-IV of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "D.V. Act" for short) seeking multiple reliefs as provided under Ss. 17, 19 & 21 of the D.V. Act. During pendency of said application, wife has filed application [Exh.6] under Sec. 21 of the D.V. Act for temporary custody of her female child, aged 4 years and 2 months. After hearing both sides and interviewing the minor, the learned Magistrate was pleased to reject the application vide order dtd. 18/02/2020. Being aggrieved by rejection, the applicant/wife has preferred Criminal Appeal No.16/2021 in terms of Sec. 29 of the D.V. Act, to the Court of Sessions for setting aside the order of rejection and for grant of temporary custody. The learned Sessions Judge after hearing both sides by dismissing the appeal has confirmed the order of Magistrate rejecting the wife's claim for temporary custody of the child. Dissatisfied by consecutive failure, the wife has called in question the legality, propriety and correctness of both impugned orders by way of this revision application.

(3.) At the inception, it necessitates me to state the background facts. The applicant/wife got married with non-applicant No.1/husband (hereinafter referred to as non-applicant only) on 08/05/2015 at Nagpur as per Hindu customary rites. The applicant/wife as well as non-applicant/husband, both were holding the Degree of Bachelor in Engineering. Both were employed in the District Thane and started to live together in a Flat at Thane owned by the non-applicant/husband. Out of said wedlock, the couple had a female child born on 23/05/2016. It is the wife's case that during her cohabitation at Thane, after initial few days, she suffered physical and mental harassment.. The ill-treatment continued even after the birth of female child.