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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SUDESH BANSAL
Vinita Choudhary, W/o. Satish Bijaraniya – Appellant
Versus
Danmal Choudhary, S/o. Late Shri Ganesh Mal Alias Ganesh Ram – Respondent
| Table of Content |
|---|
| 1. summary of initial case and appeal (Para 1 , 2) |
| 2. background of property ownership and family relationships (Para 3 , 4 , 5 , 6) |
| 3. details of civil suit and responses (Para 7 , 8 , 9) |
| 4. rights and entitlements of parties clarified (Para 10 , 11 , 12 , 13) |
| 5. legal precedents on residence rights analyzed (Para 14 , 15) |
| 6. judicial scrutiny standard explained for appeal (Para 16 , 17 , 18) |
| 7. conclusion and order of appeal outcome (Para 19 , 20 , 21) |
JUDGMENT :
SUDESH BANSAL, J.
1. In a Civil Suit for mandatory and permanent injunction bearing No.1702/2018 titled as ‘Danmal Jaat Versus Dr. Vinita Choudhary’ filed by respondent No.1-plaintiff, following decree has been passed against daughter-in-law, grand-son and married son of respondent No.1 (defendant Nos.1, 2, 3 respectively in the suit), vide judgment dated 29.05.2024 by the Additional Civil Judge & Metropolitan Magistrate (North), Jaipur Metro-II. The relevant portion of the said decree reads as under:-
^^Okknh nkuey tkV dh vkjs ls izfroknhx.k MkW0 fofurk pkS/kjh o vU; ds fo:) izLrqr fd;k x;k nkok ckcr vkKkRed ,oa LFkkbZ fu’ks/kkKk fuEukuqlkj Lohdkj fd;k tkdj bl izdkj ls fMØh fd;k tkrk gS fd&
1- okn i= dh en la[;k 1
The right to reside in a household is not absolute for a daughter-in-law against the owner's will, emphasizing the need to respect ownership rights and permissions.
The court emphasized that a familial relationship does not confer legal rights over property; residing with permission does not equate to ownership or a licensee status.
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 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.
Mandatory injunction – If father allows his son or daughter to continue in possession of his house or property or its portion, same does not, by itself, create any legal right in favour of the child ....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
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