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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Romy Mehra – Appellant
Versus
Gautam Mehra – Respondent
| Table of Content |
|---|
| 1. interim injunction applications filed (Para 1 , 2 , 3) |
| 2. plaintiffs' case against defendants established (Para 4 , 5 , 6) |
| 3. marital discord's impact on familial residence (Para 7 , 8 , 9) |
| 4. documentation of disputes and police involvement (Para 10 , 11 , 12) |
| 5. judgment on residential rights under pwdv act (Para 21 , 22) |
| 6. civil court's powers in eviction matters (Para 23 , 24) |
| 7. court's final order on interim injunction and residence (Para 46 , 47 , 61) |
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
I.A. 546/2024, I.A. 6586/2024 and I.A No. 41474/2024
1. I.A. 546/2024 is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [‘CPC’], initially filed by the plaintiffs with the suit seeking an ad interim injunction in favour of the plaintiffs, directing the defendants to vacate the property bearing House No. A-20, Ansal Villas, Satbari, Chhatarpur, New Delhi-110074 [‘suit property’] along with their belongings and restraining the defendant no. 2 from entering the suit property.
2. I.A. 6586/2024 is an application under Section 151 of CPC seeking direction to defendant no. 2 to immediately vacate the suit property and consequently decide I.A. 546/
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 ....
The Court ruled that while the daughter-in-law has a right to residence under the PWDV Act, the toxic living condition justifies her eviction to protect the wellbeing of elderly plaintiffs.
(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....
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....
The decision by a criminal court does not bind the civil court but would be relevant while dealing with the suit for possession or eviction that may be filed against the daughter-in-law.
Domestic violence - While the DV Act is a social welfare legislation granting protection to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a....
A plaintiff seeking an interlocutory injunction must establish a strong prima facie case, balance of convenience, and risk of irreparable harm, which were not met in this instance.
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 of residence under the Protection of Women from Domestic Violence Act is not indefeasible in property exclusively owned by in-laws, and alternative accommodation is permissible when ownersh....
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