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SATISH KUMAR SHARMA
KRISHNA BHADORIA – Appellant
Versus
GEETA BHADORIA – Respondent
ORDER/JUDGMENT : – Shri Ankur Mody, learned counsel for the appellant.
Shri Prakash Chandra Chandil, learned counsel for the respondents No. 1 and 2.
This appeal under section 96 of the Civil Procedure Code has been filed by the appellant (defendant No. 2) being aggrieved of the judgment and decree dated 30-10-2013 passed by the Court of II Additional District Judge, District Morena in Civil Suit No. 17A/2008 titled as Smt. Geeta Bhadoria vs. Jitendra Singh Sikarwar and Smt. Usha Bhadoria whereby, the suit has been decreed for possession against the appellant (defendant No. 2).
2. On perusal of the pleadings, relevant factual matrix of the case is that the respondent/plaintiff herein purchased the suit property vide registered sale deed dated 27-2-2008 from its owner namely Sujan Singh, Shailendra Singh and Surendra Singh sons of Tej Singh. Shailendra Singh is the husband of the present appellant (defendant No. 2). After purchase of the property the present respondent No. 1/plaintiff initially filed a civil suit against the present appellant and proforma respondent No. 2 for eviction under the Madhya Pradesh Accommodation Control Act, 1961 on the basis of the default and sub-lettin
The legal point established in the judgment is that the protection against eviction or dispossession of a woman from the shared household under section 17 of the Domestic Violence Act, 2005 is not ab....
Point of Law : Right of residence under Section 19 of DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law ....
Point of Law : Right of residence under Section 19 of DV Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law 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.
A woman's right to reside in a shared household under Section 17 of the PWDV Act is predicated on the existence of a valid domestic relationship; upon the dissolution of marriage, this right ceases t....
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 woman’s right to reside in a shared household ceases upon divorce, and she cannot assert ownership rights without substantiated evidence of financial contribution.
Right to residence under Section 19 of D.V. Act is not an indefeasible right of residence in shared household especially when daughter-in-law is pitted against aged father-in-law and mother-in-law.
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