ORDER :

1. The challenge has been given by the wife to the order dated 31.8.2023 passed by the learned Sessions Judge, Aravalli at Modasa in Criminal Appeal no.130 of 2022, whereby the learned Appellate Court has set aside the order dated 6.8.2022 passed in Criminal Misc. Application no.52 of 2018 by the learned JMFC, Malpur.

2. Learned advocate Mr. Smit Vaghela for the applicants submitted that the learned Appellate Court has committed an error by considering the application of the revisionist before the learned Magistrate as under Section 127 of the Code of Criminal Procedure. Learned advocate Mr. Smit Vaghela submitted that the learned Appellate Court has failed to take into consideration that the appeal before the Court was filed under Section 29 of the the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the D.V. Act”) and such appeal would be entertained only if the orders are passed under the D.V. Act. Learned advocate Mr. Smit Vaghela submitted that the order passed by the learned JMFC was in connection with the wife and two minor children for whom the present respondent no.1 has failed to maintain them. Advocate Mr. Vaghela submitted that the