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YOGESH KHANNA
Ravneet Kaur – Appellant
Versus
Prithpal Singh Dhingra – Respondent
JUDGMENT :
Yogesh Khanna, J.
1. This appeal is filed for setting aside the impugned judgment and decree dated 10.07.2018 passed in Civil Suit No.613347/2016 by Additional District Judge-04 (West), Tis Hazari Courts, Delhi (hereinafter referred as the learned Trial Court). Before coming to the impugned judgment let us see the facts of the case.
2. The respondent herein claims to be an absolute and sole owner of the property bearing No.E-7, Second Floor, Front Side, Rajouri Garden, New Delhi-27 vide a registered sale deed 27.09.2004. He filed a suit for eviction against the defendant viz. his daughter-in-law. A decree of possession with damages equivalent to the market rent of the alleged illegal possession was passed against the appellant and also a decree of permanent injunction to restrain her from creating any third party right in such property.
3. It is submitted after the marriage of the son of respondent with appellant in the year 2003 both were residing together with the respondent, firstly in property No.D-1041, First Floor, New Friends Colony, New Delhi-65 and thereafter they shifted to the suit property when it was purchased in the year 2004.
4. It is the case of the appellant
Point of Law : Right of residence under Section 19 of DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law a....
Point of Law : Right of residence under Section 19 of DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law ....
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No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
Right to residence under Section 19 of D.V. Act is not an indefeasible right of residence in shared household especially when daughter-in-law is pitted against aged father-in-law and mother-in-law.
(1) Right of residence under PWDV Act is not absolute or permanent; it is a right of protection, not possession – Equally, right of senior citizens to live peacefully with dignity in their own proper....
A woman's right to reside in a shared household under Section 17 of the PWDV Act is predicated on the existence of a valid domestic relationship; upon the dissolution of marriage, this right ceases t....
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