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2012 Supreme(SC) 366

ANIL R.DAVE, D.K.JAIN
Shaleen Kabra – Appellant
Versus
Shiwani Kabra – Respondent


JUDGMENT

Anil R. Dave, J.

1. Leave granted.

2. Being aggrieved by the judgment of the High Court of Delhi dated the 21st of February, 2011 in CM (M) 1018 of 2010, these appeals have been filed by the parties before the High Court, who are parents of two children, whose custody is the subject matter of these appeals.

3. As the impugned order is challenged in both these appeals, both the appeals were heard together and they are being decided by this common order. For the sake of convenience, parties to the litigation have been referred to herein below as arrayed in Civil Appeal arising out of Special Leave petition No. 13254 of 2011.

4. The marriage of the Appellant and the Respondent was solemnized on 14.02.1994. From the wedlock, two sons were born, who are approximately 15 and 9 years old. The Appellant and the Respondent have been living separately since 10.04.2007, and have been involved in various litigations since then, including a petition for divorce Under Section 13(1)(i) & 1A of the Hindu Marriage Act, 1955 filed by the Appellant-father and also proceedings under the Protection of Women from Domestic Violence Act, 2005, initiated by the Respondent- mother. The Appellant, who is

















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