DELHI HIGH COURT
CHANDRA DHARI SINGH
Asha Devi – Appellant
Versus
Muneshwar Singh @ Munna – Respondent
| Table of Content |
|---|
| 1. petition details and background facts. (Para 1 , 2) |
| 2. arguments regarding jurisdiction and maintenance execution. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's analysis of jurisdiction under cr.p.c. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. decision to allow the petition based on legal rights. (Para 21) |
| 5. conclusion and order for remand and new adjudication. (Para 22 , 23) |
JUDGMENT
Chandra Dhari Singh, J. (Oral)--The instant petition under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C.") has been filed by the petitioners seeking setting aside of the Order dated 28th April, 2018, passed by Family Court, Dwarka, New Delhi in Execution Petition No. 122/2017.
2. The Petitioner No.1 (hereinafter "the Petitioner") and the Respondent are wife and husband, while Petitioner no. 2 and 3 are the daughter and the son, respectively, born out of their wedlock. The brief facts of the case leading up to the present petition are summarized as under:
i) Marriage between the concerned parties was solemnized on 12th July, 1988, and after a span of time, temperamental issues and marital differences arose between the
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