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2015 Supreme(Del) 1989

SURESH KAIT
Ekta Arora – Appellant
Versus
Ajay Arora – Respondent


Advocates:
Advocate Appeared:
Mr. Bapurao Pakhiddey, Adv.
Mr. Sujit K. Jaiswal, Advocate.

Judgment

Suresh Kait, J.

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seeks directions whereby setting aside the impugned judgment dated 25.08.2008 passed by the learned Additional Sessions Judge, Rohini Courts, Delhi, (ASJ) in Criminal Appeal No.27 of 2007 as far as order on residence is concerned. Consequently, seeks further directions to restore the order dated 29.09.2007 passed by the learned Trial Court in her favour.

2. The petitioner filed an application under Section 19 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as the ‘said Act’) on the ground that she had apprehension of dispossession from her matrimonial home bearing No.A-135, Shanker Garden, Vikas Puri, New Delhi.

3. It is pertinent to note that initially the aforesaid property was in the name of father-in-law of petitioner, late Sh. Rajinder Paul Arora. During his lifetime he bequeathed the property in question by ‘Will’ dated 06.03.1987 whereby stated as under:-

“So long I am alive I shall be and remain the sole owner of all my properties whether movable and immovable and shall have full and absolute power to dispose of any of




































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