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2019 Supreme(P&H) 1189

RAKESH KUMAR JAIN, HARNARESH SINGH GILL
Mukul Chauhan – Appellant
Versus
Neha Aggarwal – Respondent


Advocates Appeared:
For the Appellant :Mr. Kanwaljit Singh, Sr. Adv., with Mr. Akhtar Hussain, Advocate.
For the Respondents:Mr. Prateek Gupta, Advocate with Ms. Gayatri Nandwani, Advocate.

JUDGMENT :

Rakesh Kumar Jain, J.

This appeal is directed against the order dated 30.04.2019 passed by the Family Court, Faridabad by which respondent No.1 has been given the interim custody of her two minor children.

2. In brief, the marriage of the parties was solemnized on 07.11.2011 at Faridabad as per Hindu rites and ceremonies. They were blessed with male twins namely, Atharv and Avyan on 25.11.2015. It is alleged that it was a premature delivery. There was some misunderstanding or incompatibility on the part of both the parties therefore, they decided to part ways amicably by filing a petition under Section 13B of Hindu Marriage Act, 1955 (for short, 'the Act"). The said petition was filed on 28.11.2017 and was assigned the number as HMA/2247/2017. Both the parties recorded their statements at the first motion stage on 30.11.2017 and the case was adjourned for recording the statements at the second motion on 30.05.2018. However, in the interregnum, they entered into a settlement/agreement on 20.04.2018.

3. Respondent No.1 had also allegedly made a criminal complaint against the appellant which is pending enquiry and also filed an application seeking guardianship of both the minor

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