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Jivana Devi Yogendra Nath Adhar & Anr. v. Vimal Kumar Dayaram Makane (Roy) & Anr.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 81 of 2016)Decided 27 Jan 2016
Criminal Appeal No. 81 of 2016
Justice Kurian Joseph · Justice Shiva Kirti Singh

Background

This order does not decide the main case. A Magistrate had directed the appellants to hand over custody of a child to the first respondent, and the Bombay High Court affirmed that direction. The appellants challenged it, and the Supreme Court had stayed the High Court's order on 21 February 2012 while the appeal was pending.

Decision Breakdown

This is not a final decision on the main case. On 27 January 2016 the Court recorded that the custody issue was pending before the Family Court. It directed that the interim order would continue until the Family Court passed final orders and that the parties would abide by the Family Court's final outcome. The appeal was disposed of in those terms, without any ruling on whether the custody direction was correct.

Lesson Learnt

There is no final ruling yet on custody of the child. The Supreme Court only kept the existing stay in place until the Family Court decides.

Official source (sci.gov.in)View Judgment (PDF)

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