JUDGMENT

N.J.JAMADAR, J.

1. This petition under Article 226 of the Constitution of India and sec. 482 of the Code of Criminal Procedure, 1973 (the Code) assails the legality, propriety and correctness of an order dtd. 30/9/2021 passed by the learned Metropolitan Magistrate, 40th Court, Girgaon, Mumbai issuing process against the petitioners/respondent Nos. 1 and 3 for the offences punishable under sec. 31 of the Protection of Women from Domestic Violence Act, 2005 (the DV Act, 2005).

2. The background facts leading to this petition can be stated in brief as under:

a] The marriage of the petitioner No. 2 was solemnized with respondent No. 2 on 12/2/2011. The petitioner No. 2 and respondent No. 2 were blessed with the twins, on 5/9/2014. Their marital life was, however, afflicted with discord. In the wake of matrimonial discord, it seems, a number of proceedings came to be instituted, including a complaint under DV Act, 2005, being CC No.6/DV/2020 wherein the respondent No. 2 complainant sought multiple reliefs in the nature of protection order, residence order and monetary reliefs. In the said complaint, apart from Mr. Anirudha Garg (petitioner No. 2 herein) the husband of respondent