Akil Kureshi, J.—The petitioner is husband of respondent No.1. They got married in the year 2002. Out of the wedlock, wife gave birth to a son on 6.11.2004 named Mihir. Subsequently, however, disputes arose between husband and wife. It is stated that wife and husband reside separately since 17.5.2007.With respect to who is responsible for such separation, there are contradicting versions. It is not necessary for me to go into the same in the present proceedings. It is however, not in dispute that since separation, son is with the father. Here again wife’s case is that despite best efforts the custody of the child is not given to her. Again with respect to this, also I propose to make no observations because proceedings for custody of child are pending before the Sessions Court.

2. In the present proceedings, husband has challenged an order dated 13.3.2009 passed by Learned JMFC, Bhuj in Criminal Application No.481/2008 filed by wife under the Protection of Women from Domestic Violence Act (“the Act” for short). Said order was confirmed by the Sessions Court in Appeal by order dated 14.7.2010 passed in Criminal Appeal No.7/2009.

3. In the impugned order learned Magistrate has