JUDGMENT :

1. The appellant husband who is the original respondent in Civil Misc. Appln. No. 45/2020 filed by respondent – wife under Section 8 of the Guardians and Wards Act, has challenged the order dated 03.03.2022 passed therein by the learned District Judge-1, Omerga, District Osmanabad (hereinafter referred to as “the trial Court”), in the present appeal.

2. The background facts can be summarised as under:

The appellant and respondent got married at Pune in accordance with the rites and tenets of Mohammedan Law on 19.05.2010. Out of the said wedlock, the respondent – wife gave birth to a boy named Arsalan on 21.09.2011 and a girl named Akira on 16.05.2014. At present Arsalan is aged about 11 years and Akira is aged about 8 years. Thereafter on 28.08.2019 on account of matrimonial dispute, the respondent alongwith children was forcibly driven out from her matrimonial house. It is alleged that the relatives of the appellant taken away the children from the custody of respondent – wife from her parental home at Aloor, on the pretext of giving chocolates to them. On 11.10.2021 respondent – wife filed proceeding under the provisions of Protection of Women from Domestic Violence Act i