The Hindu : National : Kumble’s wife allowed to withdraw plea

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Kumble’s wife allowed to withdraw plea

Legal Correspondent

New Delhi: The Supreme Court on Friday permitted cricketer Anil Kumble’s wife to withdraw her special leave petition (SLP) against a Karnataka High Court order referring the dispute with her former husband on sharing the custody of their daughter to the family court.

A Bench of Justices Tarun Chatterjee and R.M. Lodha, on July 27, granted three weeks to the parties to arrive at a compromise and adjourned the proceedings.

On Friday, during the resumed hearing, senior counsel Mukul Rohatgi, appearing for Chetna Kumble, said the negotiations had failed and that Kumar V. Jagirdar, Ms. Chetna Kumble’s first husband, was not agreeing to anything and “he does not want mediation.”

“We are withdrawing our petition,” Mr. Rohatgi added.

Counsel Prashant Bhushan appeared for Mr. Jagirdar.

The Bench thereafter dismissed the SLP as withdrawn. As a result, a family court in Bangalore will hear Mr. Jagirdar’s application seeking permanent custody of his daughter.

In his application pending before the family court, Mr. Jagirdar said the circumstances had changed since the Supreme Court, by its order dated January 29, 2004, entrusted the custody of the child to Ms. Chetna Kumble.

He said that in the best interest and welfare of the child, the previous arrangement was no longer conducive to her upbringing owing to the serious changes in the marital and family circumstances of Ms. Chetna Kumble.

Since he had remarried, he said he could take care of his daughter, and sought her permanent custody.

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