Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 923

SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Aniruddha Bose, Krishna Murari, JJ.
Himmat Singh - Appellant
Versus
Priyanka Singh - Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 4231/2020 (Arising out of impugned final judgment and order dated 13-08-2020 in CRLRP No. 263/2020 passed by the High Court of Delhi at New Delhi)
Decided On : 15-09-2020

Advocates appeared:
Mr. Harish N.Salve,Sr.Adv., Mr. Prabhjit Jauhar,Adv., Ms. Tulika Bhatnagar,Adv., Mr. S. S. Jauhar, AOR, for the Appellant; Mr. Trideep Pais,Adv., Ms. Sanya Kumar,Adv., Ms. Rakshanda Deka,Adv., Mr. G.V.Chandrashekar,Adv., Mr. N.K.Verma,Adv., Ms. Anjana Chandrashekar, AOR, for the Respondent

Points Of Law : This is a voluntary act and thus, the mother-in-law cannot be roped into these proceedings.

Headnote:
Constitution of India, 1950 - Article 136 - Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 37 - Protection of Women From Domestic Violence Act, 2005 - Section 2(b) - Special leave petition - Impugned order – Court have heard learned counsel for parties at some length - Impugned order being in nature of an interim order pending consideration of revision petition court are not inclined to interfere with same.
Finding Of The Court :
However notice observations in which seem to suggest that mother-in-law is being dragged into proceedings on account of her volunteering to fund education of her granddaughters for first two years – Court may observe that this is a voluntary act and thus mother-in-law cannot be roped into these proceedings.
Result : Petition disposed of

ORDER

1. We have heard learned counsel for the parties at some length. The impugned order being in the nature of an interim order pending consideration of the revision petition, we are not inclined to interfere with the same.

2. We, however, notice the observations in paragraph 11 which seem to suggest that the mother-in-law is being dragged into proceedings on account of her volunteering to fund the education of her granddaughters for the first two years. We may observe that this is a voluntary act and thus, the mother-in-law cannot be roped into these proceedings.

3. We, thus, dismiss the special leave petition with the aforesaid modification.

Pending applications shall also stand disposed of

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