SANJAY SHANKAR RATHOD Vs. SUPRANJANA SANJAY RATHOD

JUDGEMENT

(1.) The petitioners have filed the present petition challenging the judgment and order dtd. 25/8/2025 passed by the learned Additional Sessions Judge-1, Nanded, in Criminal Appeal No. 11 of 2025, as well as the order dtd. 28/2/2025 passed by the learned Judicial Magistrate First Class, Court No. 5, Nanded, below Exhibit- 4/1 in P.W.D.V.A. No. 52 of 2024, whereby interim custody of the child has been granted to the respondent-wife under Sec. 21 of the Protection of Women from Domestic Violence Act, 2005.

(2.) Learned counsel for the petitioners submits that petitioner No.1 and the sole respondent are husband and wife. The marriage between petitioner No.1 and the respondent was solemnized on 26/11/2017, and out of the wedlock, a male child, Bhim, was born on 10/5/2022. Due to matrimonial disputes between petitioner No.1- husband and the respondent-wife, the respondent-wife left the matrimonial home and started residing with her parents from around September 2023.

(3.) It is submitted that a meeting was held at the house of the respondent-wife at Nanded on 13/11/2023, which was attended by the petitioner-husband along with his relatives. According to the petitioner-husband, during the said meeting, the male child, who was then aged about two years, was voluntarily handed over to him on 13/11/2023.