2026:UHC:1595 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C5 2 8 / 3 2 7 / 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Dileep Chandra Mathur, learned counsel for the applicant. 2. Mr. S.C. Dumka, learned A.G.A. for the State. 3. Mr. Suhail Mullick, learned counsel has put in appearance on behalf of respondent nos.2 & 3. 4. Present C-528 application has been filed seeking quashing/set aside of the order dated 20.02.2026 passed by the learned Sessions Judge, Dehradun in Domestic Violence Appeal No. 32 of 2026, whereby the learned appellate court stayed the operation of the order dated 03.02.2026 passed by the learned Judicial Magistrate/1st Additional Civil Judge (Junior Division), Dehradun in Misc. Case No.115 of 2026. 5. Learned counsel for the applicant would submit that the applicant is the legally wedded wife of respondent no.2 and two twin daughters were born out of the said wedlock; that, due to matrimonial disputes between the parties, the applicant filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the D.V. Act”). Along with the said complaint, the 2026:UHC:1595 applicant also filed an application under Section 23 of the D.V. Act seeking interim custody of the minor twin daughters, who are about five years of age. 6. It is further submitted that the learned Magistrate, by order dated 03.02.2026, allowed the application under Section 23 of the Act and granted temporary custody of the minor daughters to the applicant–mother. 7. Learned counsel would further submit that being aggrieved by the said order dated 03.02.2026, respondent no.2 preferred Domestic Violence Appeal No.32 of 2026 before the learned Sessions Judge, Dehradun. It is submitted that the learned Sessions Judge, while issuing notice to the applicant, vide order dated 20.02.2026, stayed the operation and effect of the order dated 03.02.2026 passed by the learned Magistrate. Hence, the present application has been filed. 8. It is argued by learned counsel for the applicant that the impugned order passed by the appellate court is not sustainable in the eyes of law, as the same was passed at the stage of admission of the appeal without issuing notice to the applicant and without affording her an opportunity of hearing. It is also submitted that the learned Magistrate had granted interim custody of the minor daughters to the applicant after considering the genuine 2026:UHC:1595 apprehension expressed by her that respondent no.2 was repeatedly threatening to forcibly take away the minor children. 9. Learned counsel appearing for respondent nos.2 & 3 opposed the submissions made by the learned counsel for the applicant and supported the impugned order. 10. After hearing learned counsel for the parties, it is submitted by both sides that the matter may be remanded to the learned Magistrate for fresh consideration of the application filed by the applicant under Section 23(2) read with Section 21 of the D.V. Act, after affording opportunity of hearing to both parties. 11. In view of the aforesaid submission and with the consent of both parties, the orders dated 03.02.2026 passed by the learned Judicial Magistrate/1st Additional Civil Judge (J.D.), Dehradun and 20.02.2026 passed by the learned Sessions Judge, Dehradun are hereby set aside. 12. Learned Magistrate is directed to decide the application filed by the applicant under Section 23(2) read with Section 21 of the Protection of Women from Domestic Violence Act, 2005 afresh after giving opportunity of hearing to both the parties. 13. It is made clear that Respondent no.2 shall file his objections to the said application within two weeks. The 2026:UHC:1595 applicant shall be at liberty to file her rejoinder/replica within one week thereafter, if she so chooses. The learned Magistrate is requested to decide the said application within one week thereafter in accordance with law. 13. Respondent no.2 is present in person before the Court and has requested that he may be permitted to speak with his minor daughters. 14. Considering that the minor twin daughters are presently residing with the applicant–mother, it is directed that, until the application is decided by the learned Magistrate, the applicant shall facilitate telephonic/video interaction between respondent no.2 and the minor daughters through video conferencing on every alternate day. 15. Respondent no.2 is permitted to make the call between 5:00 P.M. and 6:00 P.M. on every alternate day. 16. Accordingly, the present C-528 application stands disposed of. 17. Pending applications, if any, also stand disposed of accordingly. 3. ( Alok Mahr a, J.) 11.03.2026 Mamta