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2017 Supreme(Del) 1019

MUKTA GUPTA
AMIT KUMAR – Appellant
Versus
CHARU MAKIN – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prashant Mendiratta and Mr. Anirudh K. Mudgal, Advocates
For the Respondent: Ms. Shradha Karol, Amicus Curiae

JUDGMENT :

MUKTA GUPTA, J.

1. The respondent filed a complaint case being CC No. 217/4/2014 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘PWDV Act’) before the learned Metropolitan Magistrate inter alia seeking restraint against the petitioner from approaching or visiting the house of the respondent or her workplace and restraining him from committing any act of domestic violence. Prohibition was also sought against the petitioner from having any access to the minor child or coming to school of the child or to any other place where the minor child went for her extracurricular activity and also prohibiting the petitioner from removing the minor child from the custody of the respondent. In view of the interim relief sought vide order dated 19th November, 2014 the learned Metropolitan Magistrate restrained the petitioner from interfering with the custody of the minor daughter till the next date of hearing.

2. Served with the interim order passed by the learned Metropolitan Magistrate, the petitioner filed an application before the learned Trial Court for modification of the order dated 19th November, 2014 wherein on 26th November, 2014 an interim




















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