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IN THE HIGH COURT OF DELHI AT NEW DELHI

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I.P.A. No.1/2014

SAKSHI RAWAL & ORS

..... Petitioners

Through

Mr.Rajiv Bajaj, Adv.

versus

PANKAJ RAWAL

..... Respondent

Through

Mr.Kapil Arora, Adv.

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (ORAL)

I.A. No.14274/2015 (u/s 151 CPC, by petitioners)

1.

By way of this order, I propose to decide the abovementioned

application filed by the petitioners seeking right of residence.

2.

It is stated in the application that petitioner No.1 along with her

two minor daughters – petitioners No.2 & 3 is residing at her parental

home. There are only two bedrooms in the said house. The parental

family of petitioner No.1 comprises of her father, mother, brother and

sister. The sister of petitioner No.1 is pursuing Chartered Accountancy

and due to paucity of accommodation, the petitioners do not have

sufficient accommodation for them to live in the parental home. It is

further stated that the brother of the petitioner No.1 is a bachelor and

their father is also searching for a girl for him. In case, the brother is

married, it would be difficult for the petitioners to stay in the said

house, as the petitioners No.2 & 3 are of growing age and it is difficult

for them to perform their day-to-day activities. Thus, the petitioners

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have prayed in the application that the respondent be directed not to

interfere in the ingress and egress of the petitioners in their

matrimonial home, i.e. bearing No.G-57, Ground Floor, Kirti Nagar,

New Delhi-110015.

3.

While deciding the present application, the facts are taken from

the order dated 25^th November, 2014 earlier passed by this Court.

Petitioner No.1 is the wife of the respondent while petitioners No.2 and

3 are their daughters; both of them are minors. It is stated by

petitioner No.1 that the petitioners do not have their individual source

of income and it is difficult for them to survive.

4.

It is stated in the petition that the petitioner No.1 was forced to

leave the matrimonial home along with petitioners No.2 and 3 after

facing atrocities. On various occasions, she was taunted for not

bringing sufficient dowry and for belonging to lower background.

However, she left the matrimonial home only when the respondent

physically abused her.

5.

It is averred that the petitioner No.1 always wanted and made

endeavours to stay with the respondent in their matrimonial home.

However, she has often been harassed by her mother-in-law, father-

in-law and sister-in-law. The respondent and his family members

harassed petitioner No.1 at the time of birth of their both girl children,

petitioners No.2 and 3 for not giving birth to a male child. Due to the

birth of the second girl child, atrocities towards the petitioners No.1

increased.

6.

It is further stated in the petition that the respondent is a man of

source who has a wholesale and retail shop and godown at 1127, Main

Bazar, Paharganj, New Delhi under the name and style PAUL SHOES

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which deals in selling of shoes and shoe products. The respondent also

has business of finance money under security at Paharganj. He has

invested money under shares, bonds, securities and life insurances. He

is the sole in-charge of the business. The father and mother of the

respondent are not dependent upon the respondent as they have their

own source of income through interest on the amount which they have

saved in the Bank Account.

7.

By the said order dated 25^th November, 2014, the maintenance

of the petitioners was enhanced from Rs.10,000/- to Rs.15,000/- per

month.

8.

Now, the abovementioned fresh application has been filed by the

petitioners seeking right of residence.

9.

Reply has been filed by the respondent. It is stated in the reply

that the present application filed by the petitioners is not maintainable.

Petitioner No.1 is employed with Ca