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DELHI HIGH COURT
NAVIN CHAWLA
Sneha Ahuja – Appellant
Versus
Satish Chander Ahuja – Respondent
| Table of Content |
|---|
| 1. petition for alternate accommodation. (Para 1 , 2 , 3) |
| 2. supreme court directives on alternate accommodation. (Para 4 , 5) |
| 3. arguments on maintainability of alternate accommodation. (Para 6 , 8 , 9) |
| 4. court's order clarifying application adjudication. (Para 10 , 11 , 12) |
| 5. final order - no costs. (Para 13 , 14) |
JUDGMENT
Navin Chawla, J. (Oral)
CM No.8407/2021 (Exemption)
Allowed, subject to all just exceptions.
CM(M) 179/2021 & CM No.8406/2021
1. This petition has been filed by the petitioner being aggrieved of the order dated 29.01.2021 passed by the learned Additional District Judge-03 (South-East), Saket Courts in suit, being CS No.792/2017, filed by the respondent no.1 herein, calling upon the respondent no. 1 to file an application offering alternate accommodation to the petitioner.
2. The suit has been filed by the respondent no. 1 against the petitioner and the respondent no.2 seeking inter-alia a decree of Mandatory Injunction directing the petitioner herein to remove herself from the first floor of the property bearing No.D-1077, New Friends Colony, New Delhi-110025.
3. By the order dated 08.04.2019, the suit was decreed in favour of the respondent
The court clarified the balance between the rights of parties in domestic violence cases regarding residence and the conditions under which alternate accommodation must be considered.
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
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....
The right to residence under the PWDV Act is not absolute and must be balanced with the rights of other family members, while the obligation to provide maintenance is crucial for the livelihood of th....
The court upheld the right to reside in a shared household under the PWDV Act, validating interim injunctions for eviction when necessary to prevent harm, while ensuring alternative accommodation is ....
(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....
Right to residence – If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and i....
Right to residence – If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and i....
Domestic violence- Trial Court shall before passing a decree and dispossession on the wife ensuring in view of the subsisting rights of the daughter-in-law under the DV Act to provide with an additi....
The main legal point established in the judgment is that the right of an aggrieved person to reside in the shared household under the PWDV Act should be balanced with the interest of the respondents,....
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