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2018 Supreme(Del) 3162

SANJEEV SACHDEVA
Gauri Bhalla – Appellant
Versus
Ashish Bhalla – Respondent


Advocates Appeared:
For the Respondents:Mr. Chandan Junto, Advocate, Mr. Narender Malawaliya, Advocate.

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Petitioner impugns order dated 26.02.2018 whereby the application of the petitioner seeking residence in the matrimonial home/shared household has been rejected.

2. The petitioner had claimed the right of residence in House No. 51, Anand Lok, New Delhi on the ground that the petitioner had been granted rental for accommodation under Section 19(f) of Protection of Women from Domestic Violence Act, however, the respondent no. 1 had not paid the same. It is contended that she was suffering from trauma and had no accommodation to live in. As per the petitioner, the petitioner sought resident in the house which was the matrimonial house and was a joint family property. She has been residing in one bedroom with attached bathroom on the ground floor in the said property after her marriage.

3. As per the petitioner, she was married to respondent no. 1 on 31.08.2012, resided with him till 21.04.2013 at 51, Anand Lok, New Delhi. Thereafter they went to Australia where they resided together till 29.06.2015. The petitioner alleges that her husband had, subsequently, taken her to Australia for the purpose of abandoning her. Further it is contended that on 29.06.20




















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