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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Kuldeep Kaur – Appellant
Versus
Swaran Kaur (Deceased) Through Lrs. – Respondent
| Table of Content |
|---|
| 1. matrimonial home claims. (Para 2 , 3 , 4) |
| 2. respondent's ownership claims. (Para 6 , 7) |
| 3. appellant disputes on title and possession. (Para 9 , 10 , 11 , 12 , 13) |
| 4. respondent's defense of ownership validity. (Para 17 , 18 , 19) |
| 5. court's evaluation of rights under pwdv. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. requirements for property ownership claims. (Para 28 , 29 , 30) |
| 7. due process in eviction. (Para 32) |
| 8. conclusion on court order. (Para 34 , 35) |
JUDGMENT :
ANIL KSHETARPAL, J.
1. The present Appeal under Section 19 of the FAMILY COURTS ACT , 1984 assails the correctness of Order dated 22.03.2024 [hereinafter referred to as “Impugned Order”] passed by the learned Family Court [hereinafter referred to as the “Family Court”], whereby the suit for possession, damages/ use and occupation charges, permanent as well as mandatory injunction filed by the Respondent, was decreed in her favour.
FACTUAL MATRIX
2. The brief facts leading to the present Appeal, as pleaded, are that the Appellant and the Respondent share a matrimonial and familial relationship. The Appellant is the daughter-in-law of the Respondent (Plaintiff before Family Court). The Respondent’s son, Mr.
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.
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....
The right to reside in a shared household under the PWDV Act does not prevent lawful partition of property co-owned.
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....
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 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....
A wife cannot claim residence rights in a property solely owned by her mother-in-law or father-in-law, reinforcing distinctions between exclusive ownership and shared household definitions.
Point of Law : Right of share house hold property - Provision grants a right to aggrieved person to reside in shared house-hold irrespective of her right, title or interest in same. Sub-sec.-2 of Sec....
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