1. Today, the matter has come up on an interlocutory application No.159/2018 filed by learned counsel Shri Bohra representing the petitioner for early hearing of the petition. For the reasons mentioned in the application, the prayer for early hearing is allowed. The I.A. No.159/2018 is allowed and the matter is heard finally today itself.

2. By way of the instant misc. petition under Section 482 Cr.P.C., the petitioner Nasir Khan has approached this Court for challenging the order dated 28.10.2013 passed by appellate court being the learned Additional Sessions Judge, No.4, Jodhpur Metro, rejecting the appeal preferred by the petitioner under Section 29 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act of 2005”) and affirming the order dated 13.05.2013 passed by the learned Metropolitan Magistrate No.6, Jodhpur in Criminal Misc. Case No.19/2012 whereby, the application submitted by the respondent under Section 12 of the Act of 2005 was allowed.

3. Facts in brief are that the petitioner was married to the respondent Smt. Rizwana in the year 2002 and a son named Rehan Khan was born from the wedlock. The petitioner is alleged to ha