Hon’ble Ramesh Sinha, J.—Heard Sri Chetan Chatterjee, learned counsel for the revisionists, Sri P.S. Pundir, learned counsel for the opposite party No. 2 and learned A.G.A. for the State.

2. This criminal revision has been preferred against the order dated 19.12.2009 passed by Additional District and Sessions Judge, Court No. 10, Saharanpur in Criminal Appeal No. 96 of 2009, Smt. Ashu Sharma v. State of U.P. and others, under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) by which the lower appellate Court has set aside the order dated 19.9.2009, passed by the Chief Judicial Magistrate, Saharanpur in Case No. 75 of 2008, rejecting the application dated 24.6.2008, filed by opposite party No. 2 under Section 23 of the Act, Police Station Kotwali Nagar, District Saharanpur, directing the revisionist to reside in the house of opposite party No. 2.

3. Brief facts of the case are that the revisionist No. 1 is the husband of opposite party No. 2, who were married in accordance with Hindu Rights and Tradition on 19.5.2002. From the said wedlock a male child, namely, Kaustubh Sharma, who at present is aged about 3 years an