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2021 Supreme(Del) 197

SURESH KUMAR KAIT
Vibhuti Wadhwa Sharma – Appellant
Versus
Krishna Sharma – Respondent


Advocate Appeared:
For the Appellant :Mr. Jatan Singh, Mr. Saurav Joon & Mr. Tushar Lamba, Advocates
For the Respondent:Mr. Roopenshu Pratap Singh, Advocate

JUDGMENT :

1. Parties to the present petition are related to each other in a way that petitioner is the daughter-in-law and respondents are her parents-in-law. The matrimonial dispute between petitioner-wife, with son of respondents is the foundation of dispute inter se parties. Multiple legal proceedings are said to be pending between husband and wife but what has brought parties to this Court is the Agreement to Sell dated 18.02.2021 entered between respondent No.1-mother-in-law with third party qua property bearing Flat No.33, Second Floor, SFS DDA Flats, Motia Khan, New Delhi, which is purportedly in her name. According to petitioner the property in question is a shared household property where she had lived with her husband and so, she cannot be alienated from the said property.

2. In the aforesaid view of the matter, petitioner filed an application under Section 19(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (“DV Act”) and the learned Magistrate after issuance of notice, vide order dated 15.03.2021 granted interim relief to petitioner restraining the respondents from selling or alienating the property in question. The learned Metropolitan Magistrate posted

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