Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Neelam Arora – Appellant
Versus
Manju Arora – Respondent
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
I.A. 44779 of 2024 (Under Order XII Rule 6 CPC)
1. This is an application filed by the Plaintiffs under Order XII Rule 6 Code of Civil Procedure, 1908 (‘CPC’) seeking judgement on admissions qua the relief of eviction.
2. The suit has been filed by the Plaintiffs, who are the mother-in-law and father-in-law, against the Defendant, who is the daughter-in-law, seeking mandatory injunction directing the Defendant to vacate the property bearing GB 25, Shivaji Enclave, Tagore Garden, New Delhi-110027 (‘suit property’).
3. The present suit was earlier filed before the Ld. Judge, Family Courts, Tis Hazari Courts, Delhi on the ground that the subject matter of the present suit is a family dispute. However, vide order dated 14.09.2023 in T.P. (C) 132 of 2023, passed by the coordinate Bench of this Court, the suit was transferred from Family Court, Tis Hazari Courts to this Court, and therefore, maintainability of this suit is no longer in dispute.
4. Plaintiffs are a senior citizen couple aged about 73 and 76 years respectively and are seeking eviction against the Defendant from the suit property, asserting their ownership on the suit property through a p
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.
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 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.
(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....
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....
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....
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....
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....
Right of a woman to secure residence order in respect of a shared household cannot be defeated by simple expedient of securing order of eviction by adopting summary procedure under Senior Citizens Ac....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
