IMPORTANT POINT
Legally wedded wife’s possession of matrimonial home is a legal and natural corollary to bond of marriage vis-à-vis a third party or stranger to matrimony such as a live-in.

IA No.1253/2015 in CS(OS) No.2951/2014

Najmi Waziri, J.—This application seeks a judgment and decree on the basis of admissions made in the written statement of the defendants. The plaintiff had filed the present suit under Section 6 of the Specific Relief Act seeking to recover possession of the first and barsati floor of the property bearing No.N-258, Greater Kailash, New Delhi-110048.

Contentions

2. It is the plaintiff’s case that she was married to Sh. H.P.S. Chawla on 16th April, 1963. He expired on 4.3.2014. She lived in India off and on and in 1989 she set up a home with husband Sh. H.P.S. Chawla; she was in possession of the property all along but has been surreptitiously dispossessed therefrom by the defendants while she was on way back from the United States of America after her husband’s demise. She is presently 70 years’ old and lives in USA. Accordingly, the plaintiff seeks restoration/recovery of possession to her. This suit has been filed before the expiry of 6 months from the date of dispossession. In paras 1, 4, 6, 7, 8, 15, 22 and 23 of the plaint, the plaintiff has averred as under:

1. Plaintiff is 78 years old, a senior citizen and is the sole surviving legal heir of Late Mr. H.P.S. Chawla. The Plaintiff got married to Late Shri H.P.S. Chawla on 16th April, 1966 at Poughkeepsie in New York, U.S.A. and subsequent to the marriage the couple resided off and on in India at New Delhi and in U.S.A. at New York.

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4. In the year 1989 the Plaintiff and her husband established their home in India at N-258, First Floor, Barsati, Servant Quarter, Greater Kailash Part-I, New Delhi-110048 and till the demise of the husband of the Plaintiff the same was the home of the Plaintiff. The said house had been inherited by the husband of the Plaintiff from his sister, Smt. Raj Chawla Sahni in terms of her last Will. The couple did not have any issue from their wedlock.

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6. On account of severe health issues, the husband of the Plaintiff in November, 2013 travelled to New York and was admitted initially at Mount Sinani Hospital at New York and later at Memorial Sloan Kettering Cancer Centre at Manhattan at New York. Unfortunately, despite best efforts of the doctors and the best possible treatment given, the husband of the Plaintiff could not fight with the deadly disease and met his final fate on 03.04.2014.

7. During the treatment of Late Shri H.P.S. Chawla at the Memorial Sloan Kettering Cancer Centre at Manhattan at New York, Defendant No.1 started acting strangely and made attempts to prevent the Plaintiff from meeting her own husband. The husband of the Plaintiff on account of his serious condition was in and out of Intensive Care Unit and was very feeble and in an unresponsive state and later he drifted into semi coma. The plaintiff was clueless as to why defendant No.1 was acting in such a strange manner, little aware of the fact that defendant No.1 had already manipulated late Sh. H.P.S. Chawla to secure financial benefits for herself out of his estate.

8. The Plaintiff, however, concerned with the health of her husband ignored the strange acts of Defendant No.1 and used to meet her husband whenever permitted by the doctors. During one such short meeting and realising that the end was near, the husband of the Plaintiff stated to the Plaintiff “Don’t worry Honey you would be well taken care of, I have ensured that”.

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15. In the same evening the Security guard posted at the home of the Plaintiff lodged a complaint with the Police Station Greater Kailash-I, Delhi against Defendant No.2. On 15.04.2014 Dr. N.P.S. Chawla was informed by the Defendant No.2 that an FIR has been registered against him for trespassing into the property at N-258, Greater Kailash Part-I, New Delhi and he was cautioned that he should not enter the said premises without permission.

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22. Recently, the Plaintiff received an envelope from one Mr. N.S. Vashisht, Advocate Ch