JIVANA DEVI YOGENDRA NATH ADHAR & ANR Vs. VIMAL KUMAR DAYARAM MAKANE(ROY) & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 27 of 2016, Judgment Date: Jan 27, 2016

                                                              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 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 its finality.
5.    With the above directions, the appeal is disposed of.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                       [ SHIVA KIRTI SINGH ]

      New Delhi;
      January 27, 2016.
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

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)                      |
|Sr. P.A.                             | |Court Master                      |

           (Signed non-reportable Judgment is placed on the file)