The need for specific evidence and details in domestic violence cases, and the requirement for adjudication of property rights by the civil court.

JUDGMENT

Pushpendra Singh Bhati, J. - These criminal revision petitions under Sections 397 & 401 Cr.P.C. have been preferred claiming the following reliefs:

Revision Petition No. 1457/2019:

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Revision Petition No. 79/2019

vr% fuxjkuh ;kfpdk izLrqr dj fouez fuosnu gS fd izkFkhZuh dh fuxjkuh ;kfpdk Lohdkj QjekbZ tkdj vihyh; U;k;ky; }kjk ikfjr vkns'k fnukad 01-11-2018 ,oa fo}ku eftLVsV }kjk ikfjr vkns'k fnukad 17-09-2016 dks fujLr Qjek;k tkos rFkk izkFkhZuh }kjk pkgs x;s vuqrks"kksa dks Lohdkj Qjek;k tkosA vU; dksbZ mfpr vkns'k tks izkFkhZuh ds i{k esa gks ikfjr fd;k tkosA

2. The cause of dispute between the parties, as revealed from the record, including the impugned orders passed by the learned courts below, is a residential house (House No. 22, Pawan Vihar Scheme, Jodhpur).

3. Revision Petition No. 1457/2019 has been preferred by the petitioner against the judgment dated 24.09.2019 passed by the learned appellate court, upholding the order dated 26.09.2017 passed by the learned trial court, whereby the application preferred by the petitioner for delivery possession of the house in question was rejected.

4. Revision Petition No. 79/2019 has been preferred by the petitioner against the judgment dated 01.11.2018 passed by the learned appellate court, upholding the order dated 17.09.2016 passed by the learned trial court, whereby the application preferred by the petitioner under Section 23 of the Protection of Women from Domestic Violence Act, 2005 was rejected.

5. Brief facts of this case, as placed before this Court, by learned counsel appearing on behalf of the petitioner, are that the petitioner's marriage was solemnized with one Suresh Higorani (since deceased), as per Hindu rituals, on 29.06.2001. Out of the said wedlock, a son, namely, Mohit, was born. The private respondents are the brothers-in-law and mother-in-law, respectively, of the present petitioner.

5.1. As the pleaded facts would reveal, the present petitioner, immediately after hear marriage, was subjected to physical and mental cruelty at the hands of her husband and his family members, including the private respondents herein, at her matrimonial home.

5.2. Owing to the said continuous and ever increasing cruelty, the petitioner and her husband (since deceased) submitted an application seeking mutual divorce before the concerned Family Court; but unfortunately, on the date fixed before that Court itself, the petitioner's husband committed suicide, as a consequence whereof, the mutual divorce application was rejected by the concerned court.

6. Learned counsel for the petitioner submitted that during the lifetime of her husband (Late Suresh), the petitioner purchased a plot in the Pavan Vihar Scheme, for which she has obtained a loan from the IDBI Bank; at that time, under the persuasion of her Late husband, she appointed Lokesh Hingorani (private respondent No. 2 herein), the brother-in-law of the petitioner, as Special Power of Attorney (Khaas Mukhthyaarnama), so as to enable the private respondent No. 2 to look after the day-to-day affairs in relation to construction of the house in question over the aforementioned plot.

6.1. Learned counsel further submitted that looking into the cruelty of her in-laws, she tried her level best to get the aforementioned power of attorney cancelled, as a counterblast thereof, the private respondent no. 2 herein filed a false complaint against the petitioner; not only this, the private respondents have exerted immense pressure upon the petitioner so as to enable them to get the unauthorized possession of the house in question.

6.2. Learned counsel also submitted that since the proceedings pursuan