NISHI GUPTA Vs. RAHUL GUPTA

JUDGEMENT

(1.) THE complainant petitioner has filed instant revision petition under Section 397 read with 401 Cr.P.C. against the impugned Judgment dated 3.6.2008 passed by Addl. District and Sessions Judge, No. 7, Jaipur City, Jaipur (for short 'appellate Court') in Criminal Appeal No. 40/2007 by which it Criminal Appeal No. 40/2007 by which it quashed and set -aside the order dated 25.6.2007 passed by Civil Judge (Jr. Division) and Judicial Magistrate No. 18, Jaipur City, Jaipur (for short 'trial Court') in criminal case No. 17/2007 and allowed the criminal appeal filed by respondent with certain directions.

(2.) BRIEF facts of the case are that on 12.6.2007 respondent Dr. Rahul Gupta filed an application before trial Court under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') for handing over custody of his son Anmol Gupta on each and every Sunday from 8:00 AM to 8:00 PM so that he along -with his parents can give love and affection to Anmol Gupta. Certain other facts were also mentioned in the afore said application. Trial Court after hearing rejected the application of respondent vide order dated 25.6.2007 mainly on two counts: firstly, maintainability of the application filed by respondent; secondly, custody of Anmol.

(3.) AGAINST impugned Judgment of appellate Court dated 3.6.2008, complainant petitioner has fifed instant revision petition before this Court.