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2020 Supreme(Kar) 725

JOHN MICHAEL CUNHA
K. M. Leelavathi – Appellant
Versus
K. M. Sonia Madaiah – Respondent


Advocates Appeared:
C.M. Poonacha, Advocate, S.V. Suresh, Advocate

JUDGMENT

John Michael Cunha, J. - By making an application under Article 226 of the Constitution of India and section 482 Cr.P.C., petitioner has sought to stay the operation of the order dated 11.12.2019 passed on I.A.No.1 in Criminal Appeal No.5009/2019 by the II Additional District and Sessions Judge, Kodagu, Madikeri, sitting at Virajpet (Annexure-F). By the said order, learned Sessions Judge while entertaining the appeal filed by the first respondent herein suspended the order dated 25.03.2019 passed by the Trial Court in Crl.M.C.No.157/2018 regarding custody of the child till disposal of the appeal or till further orders.

2. The facts necessary for consideration of the prayer sought for by the petitioner are as follows:-

    The first respondent is the mother of the minor by name Dillan Devaiah. She married one Sri.K.M.Madaiah on 06.01.2008. In the wedlock, she gave birth to a son by name Dillan Devaiah and a daughter by name Keerti. Her husband met with an untimely death on 12.05.2013. According to the first respondent, after the death of her husband, she was ill-treated by her mother-in-law namely the petitioner herein and her sister-in-law and brother of her mother-in-law namel

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