X (NAME WITHHELD) Vs. Y (NAME WITHHELD)

JUDGEMENT

(1.) Admit. Heard finally by consent.

(2.) By this application, the legality and correctness of the order of issuance of process, dated 24/07/2017, passed by the Judicial Magistrate First Class, Court No.2, Nagpur, in Misc. Criminal Complaint No.2286/2017 has been challenged. The applicant is legally wedded wife of the non-applicant. A matrimonial dispute has been brewing between the couple for quite some time and before different fora one after another or simultaneously. Their relations got strained especially after the applicant left her matrimonial house on 21/11/2016 taking along with her the couple's daughter. The applicant did not return home and it was learnt by the non-applicant that she was staying at the house of her parents at Rajahmundry (Andhra Pradesh). The non-applicant tried his best to persuade the applicant to return to her matrimonial home along with the daughter, but in vain. The applicant too, on her part, filed a divorce petition bearing O.P. No.7/2017 in the Court of Principal Civil Judge, Senior Division, Rajahmundry. The Family Court on 26/04/2017 passed an order directing, inter alia, grant of interim custody of the daughter for a certain period of time to the non-applicant.

(3.) The order dated 26/04/2017 was challenged by the applicant by filing a writ petition being Writ Petition No.2927/2017.