ORDER :

1. “Whether the order dated 10.01.2019 passed by the JMFC., II Court, Mangaluru, D.K. (for short ‘the trial Court’) in Criminal M.C.No.02/2019 and the entire proceedings in the said case amount to abuse of the process of the Court” is the question involved in this case.

2. Respondent was the petitioner and petitioner was the respondent in Crl.Misc.No.2/2019 before the Trial Court. The marriage of the petitioner and respondent was solemnized on 03.12.2011 at Mangaluru according to the Christian rights as the parties belong to Christian religion. Out of the wedlock the couple begot daughter by name Sarah on 01.10.2012 and son by name Jayden on 17.02.2015. The couple had the troubled marriage.

3. For the purpose of convenience petitioner and respondent are referred to henceforth as husband and wife respectively. The wife filed Crl.M.C.No.2/2019 before the JMFC, II Court, Mangaluru, D.K., under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short ‘D.V. Act’) against the husband on 08.01.2019. Under the petition she claims that the respondent has kidnapped the minor children and she sought restoration of the custody of the children, protection order for