The challenge in this petition is to the order dated 8th October, 2015 in Criminal Complaint No. OMA/205/2015 whereby the learned Judicial Magistrate, First Class, Belapur, has ordered service of summons through the Immigration Authority of India and issued directions to the Immigration Authority not to permit the Petitioner herein to leave India without permission of the Court.

2. The Petitioner is the husband of the Respondent No. 3. They were married on 5-12-2002 and have two minor children from the said wedlock. The Petitioner is working in Singapore since May-2008. The Respondent No. 3 had also joined him at Singapore. However, she returned to India in the year 2011. It appears that there was a matrimonial dispute between the Petitioner and the Respondent No. 3. As a result thereof, the Respondent No. 3 did not return to Singapore and started residing with her parents along with her two children.

3. The Respondent No. 3 filed an application under section 12 of the Protection of Women from Domestic Violence Act (for short ‘DV’ Act) before the learned Judicial Magistrate, First Class, Belapur, against the Petitioner, his parents and other family members, seeking protection order, residence order as well as monetary relief for herself and the two minor children.

4. The Respondent No. 3 filed an application dated 8th October, 2015 stating that the Petitioner herein comes to India on 2nd and 4th Saturday of the Month during morning hours and that he leaves the Country on Sunday Night. The Respondent No. 3 claimed that since the Petitioner was coming to India when the Courts are closed it is not possible to serve the notice on him while he is in India. The Respondent No. 3 further claimed that the proceedings were likely to be delayed and her rights and benefits would be frustrated. She therefore, prayed that the Immigration Authority should be directed not to allow the Petitioner to leave the country without the permission of the Court.

5. Based on the averments made in the said application, the learned Magistrate directed that the notice should be served through the Immigration Authority apart from other modes such as Email, through authorised courier service and by speed post. The learned Judge also directed the Immigration Authority not to allow the Petitioner to leave the country without permission of the Court. Being aggrieved by this order the Petitioner has filed this Petition.

6. During the pendency of this Petition, the Petitioner and the Respondent No. 3 have arrived at an interim arrangement pending the hearing and final disposal of the interim application of the DV Act. They have placed on record the consent terms, which read as under :

“(1) It is agreed between the Petitioner and the Respondent No. 3 that by way of interim maintenance to the children of the Petitioner and the Respondent No. 3, namely Ms Romansha and Master Tanish, the Respondent No. 3 will open a joint account in the name of the two children, in a nationalize bank, and give details of the same to the Petitioner.

2. It is agreed between the petitioner and Respondent No. 3 that they will deposit an amount of Rs. 20,000/- (Rupees Twenty Thousand only) each, every month, in the said account towards the expenses of the said children from the date of signing of this consent terms.

3. It is agreed that the Petitioner-father in addition to Rs. 20,000/- per month as mentioned above, shall also incur the education expenses of both the children. It is agreed that the said amount of education expenses will be paid directly to the school by way of internet banking. The Respondent No. 3 shall take necessary fee receipts from the school and share the same with Petitioner.

4. It is agreed by the Respondent No. 3-mother that she will utilize the said amount only towards the expenses of the children and the monthly accounts of the children shall be shared with the Petitioner.

5. It is agreed that the above arrangement is pending the final outcome of the interim mai