Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 81 OF 2016
[@ SPECIAL LEAVE PETITION (CRL.) 1715 OF 2012 ]
JIVANA DEVI YOGENDRA NATH ADHAR & ANR Appellant(s)
VERSUS
VIMAL KUMAR DAYARAM MAKANE(ROY) & ANR Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants approached the High Court of
Judicature at Mumbai, aggrieved by an order passed by
the Judicial Magistrate, 1st Class, Court No. 2,
Nasik dated 07.12.2010 directing them to hand over
the custody of the child borne to the first
respondent. That order was affirmed by the High
JUDGMENT
Court by the impugned order dated 25.08.2011.
3. By order dated 21.02.2012, the order of the High
Court was stayed by this Court.
4. We find that the issue of custody has been
pending before the Family Court. Therefore, we make
it clear that the interim order passed by the Court
shall continue till final orders are passed by the
Family Court and the parties shall abide by the final
outcome/order passed by the Family Court, subject to
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its finality.
5. With the above directions, the appeal is disposed
of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ SHIVA KIRTI SINGH ]
New Delhi;
January 27, 2016.
JUDGMENT
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ITEM NO.26 COURT NO.12 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1715/2012
(Arising out of impugned final judgment and order dated 25/08/2011
in CRLA No. 74/2011 passed by the High Court Of Bombay)
JIVANA DEVI YOGENDRA NATH ADHAR & ANR Petitioner(s)
VERSUS
VIMAL KUMAR DAYARAM MAKANE(ROY) & ANR Respondent(s)
(with office report)
Date : 27/01/2016 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. D. K. Thakur, Adv.
Mr. D. Jha, Adv.
Mr. J. P. Rinwa, Adv.
Mr. Lalan Chowdhry, Adv.
Mr. Sushil Kumar, Adv.
Mr. Debasis Misra, Adv.
For Respondent(s) Ms. Damini Hajela, Adv.
Mr. Shivaji M. Jadhav, Adv. (Not Present)
UPON hearing counsel the Court made the following
O R D E R
JUDGMENT
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending interlocutory applications, if any, are disposed of.
(Jayant Kumar Arora)
(Renu Diwan)
Court Master
Sr. P.A.
(Signed non-reportable Judgment is placed on the file)
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