JUDGMENT :

Sharmila U. Deshmukh, J.

1. Rule. Rule made returnable forthwith with consent of parties and taken up for final hearing. The Respondent No 1 appears in person. Vide order dated 14th December 2023, this Court had appointed Advocate Ashutosh Kulkarni as Amicus Curiae to assist the Court.

2. The revisional jurisdiction of this Court under section 397 of the Code of Criminal Procedure, 1973 ( Cr.P.C ) has been invoked by the revision applicant challenging the final judgment and order dated 14th July 2023 passed by the Sessions Court in Criminal Appeal No. 94 of 2023 arising out of the final judgment and order dated 6th January 2023 passed by the metropolitan magistrate in Case No.172/DV of 2027. By the judgment dated 14th July 2023 the Sessions Court has dismissed the appeal declining to interfere with the judgment of the metropolitan magistrate passed in the application filed under section 12 of the provisions of Protection of Women from Domestic Violence Act 2005 [for short “the DV Act”].

FACTUAL MATRIX:

3. The Applicant and the Respondent no.1 are the citizens of USA. The applicant is currently residing in USA whereas respondent no.1 is currently residing in Mumbai. The marria