S. R. BRAHMBHATT, J. The petitioner, who happens to be original applicant in Misc. Application No. 418 of 2009, filed in the Court of Metropolitan Magistrate, Court No. 22, Ahmedabad, under the provision of the Protection of Women from Domestic Violence Act (hereinafter referred to as the 'Domestic Violence Act'), for seeking protection from the respondent Nos. 1 to 4, has approached this Court, challenging the order dated 5-5-2010 passed by the Additional Sessions Judge, Court No.8, Ahmedabad in Criminal Appeal No. 301 of 2009, partly allowing the Appeal filed by the respondent Nos. 1 to 4 hereinabove, and modifying the order dated 30-10-2009 passed by the Metropolitan Magistrate reducing the amount of maintenance to be paid to the petitioner's minor son from Rs. 4,000/- to Rs. 1500/- per month and remanding the matter back to the trial Court for examining the aspect of interim protection to the petitioner and her son against eviction by the respondent No.1 to 4 and granting her interim protection in residential premises, to be decided bearing in mind the Apex Court's decision in case of S. R. Batra v. Smt. Taruna Batra, reported in AIR 2007 SC 1118 : [2007 (2) GLR 1582 (SC)].

2. The facts in brief leading to filing of this petition deserves to be to set out as under :

The petitioner, as per her say in the petition, was constrained to approach the learned Metropolitan Magistrate, seeking interim protection against the domestic violence from her in-laws and husband vide application dated 23-7-2009. The said complaint came to be registered as Misc. Application No. 418 of 2009. The petitioner narrated in detail the incidents of domestic violence alleged to have been perpetrated by her husband and in-laws compelling her for invoking provisions of the Domestic Violence Act. The petitioner had to pray for immediate protection. The petitioner's prayers for interim protection came to be vehemently opposed by the respondent Nos. 1 to 4 hereinabove, and ultimately, the Court passed an interim order on 30-10-2009 under the provision of Sec. 23 of the Domestic Violence Act, granting interim protection, ordering payment of Rs. 4,000/- per month to the minor son aged about 8 years, without making any order of interim maintenance in favour of the petitioner as she is employed, and granting interim protection to the petitioner-wife and her minor son from being evicted from their residence, admittedly not occupied by husband, and in-laws; but granting them permission to visit the premises as it was submitted that two rooms were in their possession. Thus, mother and son were granted immediate protection from being deprived of their shelter during pendency of the complaint proceedings. This interim order dated 30-10-2009 came to be assailed, by the present respondent Nos. 1 to 4 hereinabove, in the Sessions Court by preferring appeal under Sec. 29 of the Domestic Violence Act and the appellate Court while partly allowing the appeal, vide its order dated 5-5-2010, reduced the amount of interim maintenance to minor son, from Rs. 4,000/- to Rs. 1,500/- and quashed and set aside the order qua protection of residence to the complainant-petitioner and her son and remitted the matter back to the trial Court for examining this aspect in light of the position of law laid down by the Apex Court in case of S. R. Batra (supra). This order of the Sessions Court dated 5-5-2010 is assailed in this petition by the wife for the grounds stated in the memo of the petition. This Court (Coram : Anant S. Dave, J.) on 15-6-2010 issued Rule and granted interim relief in terms of Para 7(C), staying the execution, implementation and operation of the order passed by the learned Sessions Court on 5-5-2010 in Criminal Appeal No. 301 of 2009.

3. Learned Advocate for the respondent Nos. 1 to 4 requested the Court for assigning priority in the matter, as the ex-parte order granted by this Court was inuring in favour of wife and the respondents were suffering deprivation