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IN THE HIGH COURT OF DELHI
Dhirubhai Naranbhai Patel, Jasmeet Singh, JJ.
Jyotsana Pawar and Ors. - Appellants
Vs.
Daulat Ram Pawar and Ors. - Respondent
LPA No. 155/2021
Decided On : 03-05-2021
Domestic Violence - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - The Protection of Women from Domestic Violence Act, 2005 - [The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, Section 5, Section 23] - [The Protection of Women from Domestic Violence Act, 2005, Section 2(s), Section 17, Section 19] - The court discussed the rights of the appellants under the Protection of Women from Domestic Violence Act, 2005 and the rights of the respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It balanced the rights under both acts and concluded that the appellants' proceedings under the Protection of Women from Domestic Violence Act, 2005 were an eyewash to defeat the eviction orders passed by the court and the Supreme Court. The court emphasized the need to balance the rights of both parties under the two acts.
Fact of the Case:
The appellants sought relief under the Protection of Women from Domestic Violence Act, 2005 after being directed to vacate the premises by the court. They argued that they were not party to the proceedings initiated by respondent No. 1 and had statutory rights under the Protection of Women from Domestic Violence Act, 2005.
Finding of the Court:
The court found that the appellants' proceedings under the Protection of Women from Domestic Violence Act, 2005 were an eyewash to defeat the eviction orders passed by the court and the Supreme Court. It concluded that the rights under the two acts needed to be balanced and rejected the contentions raised by the appellants.
Issues: The issues involved the rights of the appellants under the Protection of Women from Domestic Violence Act, 2005 and the eviction orders passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Ratio Decidendi: The court balanced the rights of the parties under the Protection of Women from Domestic Violence Act, 2005 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It emphasized the need to consider the timing and intent of the proceedings initiated under the Protection of Women from Domestic Violence Act, 2005.
Final Decision: The present appeal along with pending applications was dismissed as being devoid of merit.
JUDGMENT :
Jasmeet Singh, J.
Proceedings in the matter have been conducted through video conferencing.
CM APPLs .15095-15096/2021 (Exemptions)
Allowed, subject to all just exceptions.
The applications are disposed of.
LPA 155/2021 & CM APPLs. 15094/2021 (Stay) & 15097/2021 (Seeking permission to file lengthy synopsis and list of dates)
The present Letters Patent Appeal (LPA) has been filed under Clause 10 of the letters patent seeking setting aside of the impugned judgment and order dated 09.04.2021 passed by the learned Single Judge in W.P.(C) NO. 4469/2021 titled "Daulat Ram Pawar versus Govt. of NCT of Delhi & Ors."
1. That briefly stating facts giving rise to the filing of the present appeal are as under:-
(b) Respondent No. 1 had filed an eviction petition against his son (Respondent No. 6 in the present appeal) under "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007." The learned District Magistrate (South) vide order dated 18.12.2017 rejected the application of respondent No. 1. Against the order of the rejection passed by the learned District Magistrate (South) dated 18.12.2017, respondent No. 1 filed an appeal bearing appeal No. 17/2018 which was disposed of by the Appellate Court of Divisional Commissioner, Office of The Secretary-Cum-Divisional Commissioner, Department of Revenue on 23.03.2018. The learned Appellate Court was pleased to allow the appeal and directed respondent No. 6 to vacate the premises within a period of 15 days from the date of receipt of the order.
(c) The said order of the learned Divisional Commissioner was challenged by respondent No. 6 by filing a writ petition bearing W.P.(C) No. 3413/2018 titled "Sunil Pawar vs. Learned Appellate Authority/Divisional Commissioner & Ors." which was disposed of by the learned Single Judge of this Hon'ble Court on 10.05.2018. The learned Single Judge was pleased to grant respondent No. 6 six months time to hand over, vacant and peaceful possession of first floor of property bearing B-7, Extension 75, Safdarjung Enclave, New Delhi -110029 i.e., on or before 08.10.2018.
(d) Respondent No. 6 was required to file an affidavit/undertaking before the writ court and the relevant paras of the affidavit are reproduced herein below: -
2. That in the aforesaid writ petition, this Hon'ble Court vide Order dated 09/04/2018 was pleased to issue notice to the respondent no. 4, limited to the extent of extending time accorded to the petitioner and his family for vacating the subject property i.e., the First Floor of the property bearing no-: - B-7, Extension 75, Safdarjung Enclave, New Delhi- 110029.
3. That statement of the petitioner/deponent to the effect that he would require six (6) months' time to vacate the, subject.' property was also taken on record vide the aforesaid Order dated 09/04/2018.
4. That accordingly the petitioner hereby undertakes to this. Hon'ble Court that the petitioner along with his family shall vacate and hand over peaceful possession of the First Floor of the property bearing no. B-7, Extension 75, Safdarjung Enclave, New Delhi-10029, to the Respondent no. 4- Sh. Daulat Ram Pawar, on or before the expiry of the period of six months i.e., on or before 08.10.2018.
5. That the petitioner/deponent agrees and confirms to remain bound by his undertaking contained in this affidavit and that the petitioner/deponent is well aware about the legal consequence of non-compliance/breach of undertaking.
(e) Respondent No. 6 despite having given an undertaking and despite having availed a period of 6 months, approached the Hon'ble Supreme Court by filing SLP(C) No. 25386/2018 titled "Sunil Pawar versus the Govt. of NCT of Delhi & Anr." challenging the order dated 10.05.
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