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2004 Supreme(Del) 713

T.S.THAKUR
ANSHUMANSHARMA – Appellant
Versus
MANIKA JAIN – Respondent


Advocates Appeared:
JATIN ZAVERI, KETKI FURIA, RAJU RAMACHANDRAN, SUNIL GUPTA

T. S. Thakur, J.

( 1 ). CUSTODY of children often becomes the proverbial bone of contention between spouses when temperamental incompatibility or irreconcilable differences, have irretrievably wrecked, domestic peace and harmony forcing them to part company. The present is in that sense no different from other cases where the couple has gone through considerable stress and trauma before they realised that the marriage had broken down for good and all that they had to crave and fight over was peace for themselves and custody of their only child. A decree of divorce by mutual consent and a document that ostensibly settled the issue regarding the custody of the minor daughter born out of the wedlock did not, unfortunately for the parties, bring either peace to them or give quietus to the proceedings in the court. The present contempt petition filed close on the heels of an earlier one is in that backdrop only an upshot of the proceedings that concluded with an order of this Court passed on 1st November, 2002 in Civil revision No. 4/2002.

( 2 ). The husband s case stated in a nutshell is that he had in terms of an order passed by the Court under the Guardian and Wards Act secured the c













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