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2020 Supreme(Del) 1179

YOGESH KHANNA
Sara Carrierre Dubey – Appellant
Versus
Ashish Dubey – Respondent


Advocates Appeared:
Priya Hingorani, Advocate, Aman Hingorani, Advocate, Himanshu Yadav, Advocate, Tanmaya Mehta, Advocate, Vandna Kejriwal, Advocate

JUDGMENT

Yogesh Khanna, J. - The petition challenges an order dated 13.01.2020 passed in Criminal Appeal No.232/2019 by the learned Additional Session''s Court, Saket, New Delhi.

2. The petitioner and respondent were married on 07.06.2006. Two children were born from their wedlock, a daughter in the year 2009 and a son in the year 2011. The property in dispute is 299, Asiad Village Games Complex, New Delhi, jointly purchased in the year 2008. Both the parties are co-owners of the said property to an extent of 50% share each.

3. Allegations and counter-allegations are made by either parties.

4. The petitioner alleges a) the respondent is in extra marital affair with one Ms.Ruchika Dua, a blatant cause for matrimonial dispute/domestic violence; b) the petitioner herein made her first complaint dated 24.05.2017 at PS Hauz Khas alleging infidelity of respondent and fear for her life. She has attached MLC of Jai Prakash Narayan Apex Hospital dated 24.05.2017 showing a soft tissue injury to her allegedly caused by her husband/respondent herein; c) subsequently a complaint under Section 12 read with Sections 17 to 23 of The Protection of Women from Domestic Violence Act 2005 (herein after

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