- (1.) Present petition has been filed under Section 482 Cr.PC seeking directions to set aside the Order dated 01.06.2020 passed in Complaint Case No. 2248/2020 under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act') by the Learned Metropolitan Magistrate.
(2.) At the threshold, an objection has been raised by Learned Counsel for the Respondent against the maintainability of the present Petition before this Court and, therefore, the narrative of the facts is only to the extent of deciding the maintainability.
(3.) The sequential narration, shorn of unnecessary details is that the marriage between the Petitioner and Respondent was solemnized on 09.03.2003 and after marriage the parties continued to stay in the United States of America. Over a period of time, Parties were blessed with three daughters aged 11 years, 7 years and 3 years, respectively, at present. After the birth of third child in 2017, parties shifted to India and the Respondent started working with a renowned Media house on a Senior Post. As the averments in the Petition go, in 2018, Respondent quit his job and started his own business in partnership with an erstwhile colleague. A couple of months later, there was a rift in their relationship, which eventually resulted in the Respondent taking away the three children to live with him under a separate roof.;