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2016 Supreme(Del) 2531

MUKTA GUPTA
NAVDEEP KUMAR – Appellant
Versus
SUNITA JAIN – Respondent


Advocates Appeared:
For the Appellant : Mr. Sameer Chandra, Mr. Pratush Sharma, Mr. Naveen Sarena, Advs.

JUDGMENT :

1. A criminal complaint was filed by the petitioner for summoning the respondent, his wife for offence punishable under Sections 380/448/451/506 IPC. In the complaint it was stated that the petitioner had purchased a property bearing No.32-A, Top Floor, Gali No.4, Mohan Park, West Guru Angad Nagar, Delhi (in short ‘the property’) in his own name by his own resources vide registered general power of attorney dated 4th June, 2004, Will, possession letter and receipt. The vacant possession of the property was handed over to the petitioner on 4th June, 2004. Since differences had arisen between the petitioner and the respondent, the petitioner and respondent both agreed to seek divorce by mutual consent and in this regard a petition for divorce by mutual consent was filed before the learned Additional District Judge wherein statements for first motion were recorded on 7th September, 2010. According to the petitioner, on 30th April, 2011 he came to know that somebody had entered the property and when he went there he found the respondent having illegally trespassed into the property. The petitioner did not find kitchen articles and luggage lying in the property. The respondent











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