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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18^th December, 2025 Pronounced on: 12^th March, 2026 + W.P.(C) 13357/2019 & CM APPL. 54368/2019, 26671/2023, 25567/2025 SMT. RENU .....Petitioner Through: Mr. Tushar Singh, Adv.

versus GOVT. OF NCT OF DELHI & ANR .....Respondents Through: Mr. Rajneesh Roshan, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1. The present petition under Article 226 read with Article 227 of the Constitution of India, 1950 has been filed seeking the following prayers:-

“a. Issue a writ of certiorari or any other appropriate writ and quash the impugned order dated 18.11.2019 passed by the Hon'ble Appellate Court of Divisional Commissioner Office of the Pr. Secretary-Cum- Divisional Commissioner in Appeal No. 27 of 2018 or in the alternative.

b. In case the relief sought in the aforesaid para cannot be granted to the Petitioner, it is accordingly prayed that the Respondents No. 2 be directed to provide alternate residence to the Petitioner.

c. Pass any other order as this Hon'ble Court deems fit.”

2. Relevant facts for adjudication of the present writ petition as pleaded are as follows:-

a) On 21.04.2006, the petitioner/ daughter-in-law and her husband got married as per Christian rites and customs, and from the said wedlock two daughters were born.

b) It is alleged that since the inception of the said marriage, the petitioner had been subjected to immense cruelty at the instance of her husband and respondent no. 2/ mother-in-law. It is further alleged that she was ousted from her matrimonial home/ shared household/ subject property on several occasions. Being constrained, the petitioner filed a criminal complaint against her husband and the respondent no. 2.

c) It is further alleged that the petitioner’s husband had shown porn clips to his minor daughter and he had threatened to kill her and the petitioner, if she revealed such acts to the petitioner. Subsequently, the minor daughter disclosed the said act to the petitioner, which constrained the petitioner to file FIR bearing no. 0736/2015 against her husband on 05.10.2015 under Section 354A read with Section 506 of Indian Penal Code, 1860 and Section 12 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the petitioner’s husband was arrested and later, released on bail on 09.11.2015.

d) It is further alleged that the petitioner’s husband with a malafide intent, colluded with the respondent no. 2 and executed a General Power of Attorney, Agreement to Sell, Affidavit and Will, all dated 19.11.2015, with respect to property bearing Plot no. 5, Third Floor, Asola Extn., New Delhi, 110074, Khasra no. 789 & 790, measuring 50 Sq. Yds. (for short “subject property”), in favour of the respondent no. 2 to frustrate the rights of the petitioner conferred under the Protection of Women from Domestic Violence Act, 2005 (for short “DV Act”).

e) It is the case of the petitioner that she and her minor daughters were subjected to utmost cruelty/ humiliation and since, they were even under the threat of being thrown out of the said property, the petitioner filed a complaint bearing no. 145/1 on 11.12.2015 under section 12 of the DV Act against her husband and the respondent no. 2, praying for protection from being ejected from the subject property by the respondent no. 2.

f) Vide legal notice dated 19.12.2015, respondent no. 2 called upon the petitioner to vacate the subject property, as on account of non-repayment of loan of Rs. 9,40,000, the petitioner’s husband sold the subject property to the respondent no. 2.

g) On 24.05.2016, respondent no. 2 filed a writ petition bearing no. 6348/2016 before this Court seeking eviction of the petitioner from the subject property.

h) Learned Metropolitan Magistrate vide order dated 15.11.2016 in CC no. 145/1 passed a protection order in favour of the petitioner, protecting her from being evicted from the subject property.

i) Vide order dated 24.08.2017, this Court dismissed the W.P.(