As per case facts, the petitioner, daughter-in-law, was ordered to be evicted from her matrimonial house owned by respondent mother-in-law. The mother-in-law, suffering from advanced cancer, sought eviction under the ...
CWP-38095
IN THE HIGH COURT OF PUNJAB AND HARYANA
(207)
Sunita
District Magistrate and Appellate
Tribunal, Hisar
CORAM:
Present:
KULDEEP TIWARI
1.
evicted from her
(mother-in-law) of the petitioner}
(Annexure P
appeal filed under the Maintenance and Welfare of Paren
Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’)
2.
therein, that she is the owner of the house
floors. It was pleaded in
District Sirsa
095-2018 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Versus
District Magistrate and Appellate
Tribunal, Hisar and others
HON’BLE MR. JUSTICE KULDEEP TIWARI
Mr. R.S. Kundu, Advocate and
Mr. Chirag Kundu, Advocate
for the petitioner
Mr. Bhupender Singh, Addl. AG, Haryana.
Mr. Amit Jain, Advocate
for respondent No.3.
None for respondent No.4, despite service,
as such proceeded against exparte
****
KULDEEP TIWARI,J.(ORAL)
The petitioner-Sunita (daughter
evicted from her matrimonial house {owned by the respondent No.3
law) of the petitioner}, through verdict dated 13.11.2018
(Annexure P-14), passed by the learned Appellate Authority concerned,
filed under the Maintenance and Welfare of Paren
Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’)
Succinctly, the respondent No.3
t she is the owner of the house
It was pleaded in the application, that she is living in village Umedpur
District Sirsa. However, the house, in question, was situated at Bishnoi
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CWP-38095-2018 (O&M)
Date of Decision : 01.10.2025
…Petitioner
...Respondents
KULDEEP TIWARI
and
Mr. Bhupender Singh, Addl. AG, Haryana.
None for respondent No.4, despite service,
exparte.
Sunita (daughter-in-law), was ordered to be
{owned by the respondent No.3
through verdict dated 13.11.2018
passed by the learned Appellate Authority concerned, on an
filed under the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 (hereinafter to be referred as ‘the Act of 2007’).
Succinctly, the respondent No.3 filed an application, stating
in question, which consists of two
the application, that she is living in village Umedpur
. However, the house, in question, was situated at Bishnoi
, was ordered to be
{owned by the respondent No.3
through verdict dated 13.11.2018
on an
ts and Senior
filed an application, stating
two
the application, that she is living in village Umedpur,
. However, the house, in question, was situated at Bishnoi
CWP-38095
Colony, Hisar
respondent No.3 resides in the village Umedpur
her house situated at Hisar. She solemnized the marriage of her son
the petitioner
studying in Chaudhary
(CCSHAU), Hisar,
the husband of
son of the respondent No.3, and her daughter
petitioner along with her family members, gav
respondent No.3
along with her family members illegally broke open the door of the house, in
question, and took over the posses
and her husband, is running from p
house in question.
3.
suffering from various ailments
Umedpur, and the applicant is getting treatment from
Hisar. However, she is unable to travel fr
the said treatment.
4.
detailed reply
04.03.2015
observations that
(daughter-in
the use and occupation of the respondent No.3 (mother
days, and she will shift to the first floor of the
095-2018 (O&M)
Colony, Hisar. The pleading, as set up in the application
respondent No.3 resides in the village Umedpur
her house situated at Hisar. She solemnized the marriage of her son
the petitioner-Sunita, on 18.05.2008. After marriage, the petitioner was
studying in Chaudhary Charan Singh Haryana Agricultural University
(CCSHAU), Hisar, and all the expenses regarding her education were born by
the husband of respondent No.3. Subsequently, the relationship between the
son of the respondent No.3, and her daughter
petitioner along with her family members, gav
respondent No.3 (Alok), and in the month of January, 2013, the petitioner
along with her family members illegally broke open the door of the house, in
question, and took over the possession, and since then, the respondent No.3,
her husband, is running from pillar to post, to
in question.
It was also pleaded in the application that respondent No.3, is
suffering from various ailments, and at present, she is living in village
, and the applicant is getting treatment from
Hisar. However, she is unable to travel from the village Umedpur to Hisar, for
the said treatment.
The said application was contested by the petitioner, by filing a
detailed reply. The learned Maintenance Tribunal, vide order dated
(Annexure P-3), disposed of the said application with the
observations that both the parties are ad idem
in-law), shall vacate the ground floor of the
the use and occupation of the respondent No.3 (mother
days, and she will shift to the first floor of the
2
set up in the application is that though
respondent No.3 resides in the village Umedpur, but she occasionally visits
her house situated at Hisar. She solemnized the marriage of her son-Alok with
Sunita, on 18.05.2008. After marriage, the petitioner was
Charan Singh Haryana Agricultural University
and all the expenses regarding her education were born by
Subsequently, the relationship between the
son of the respondent No.3, and her daughter-in-law became strained, and the
petitioner along with her family members, gave beatings to son of the
(Alok), and in the month of January, 2013, the petitioner
along with her family members illegally broke open the door of the house, in
sion, and since then, the respondent No.3,
illar to post, to evict the petitioner from the
It was also pleaded in the application that respondent No.3, is
and at present, she is living in village
, and the applicant is getting treatment from hospital situated, at
om the village Umedpur to Hisar, for
The said application was contested by the petitioner, by filing a
he learned Maintenance Tribunal, vide order dated
, disposed of the said application with the
ad idem to the effect that the petitioner
shall vacate the ground floor of the house, in question, for
the use and occupation of the respondent No.3 (mother-in-law), within 15
days, and she will shift to the first floor of the said premises. The respondent
is that though
visits
Alok with
Sunita, on 18.05.2008. After marriage, the petitioner was
Charan Singh Haryana Agricultural University
and all the expenses regarding her education were born by
Subsequently, the relationship between the
, and the
to son of the
(Alok), and in the month of January, 2013, the petitioner
along with her family members illegally broke open the door of the house, in
sion, and since then, the respondent No.3,
the
It was also pleaded in the application that respondent No.3, is
and at present, she is living in village
, at
om the village Umedpur to Hisar, for
The said application was contested by the petitioner, by filing a
he learned Maintenance Tribunal, vide order dated
, disposed of the said application with the
the petitioner
house, in question, for
, within 15
The respondent
CWP-38095
No.3, fetching grievance from the said order, filed an appeal, on the ground
that no such consent was
order dated 04.08.2016
5.
by filing a CWP
dated 14.05.2018
learned Appellate Authority concerned, and remanded the
issue afresh, by passing a speaking order
Authority concerned, vide impugned o
has passed a direction upon the petitioner, to vacate the house in question,
within 30 days. Fetching grievance from the order (supra), the petitioner has
filed the instant writ petition,
India, to throw a challenge to the impugned order.
6.
litigation, at the behest of son of the respondent No.3
husband of the petitioner
Domestic Violence Act
declared as a sh
from the house in question. The learned Appellate Authority concerned, ha
not ascertained this fact earlier, as to whether, the house in question was a
shared household of the petitioner, or not.
7.
litigation pending between the petitioner and her husband, to subm
various order were passed in the proceedings under Section 125
as well as under the DV Act
the husband of the petitioner
095-2018 (O&M)
No.3, fetching grievance from the said order, filed an appeal, on the ground
hat no such consent was ever given. However, the appeal was dismiss
order dated 04.08.2016 (Annexure P-5).
The orders (supra), were put to challenge by the respondent No.3,
by filing a CWP-20022-2016. The Coordinate Bench of this Court, vide order
14.05.2018 (Annexure P-6), has set aside the order passed by the
learned Appellate Authority concerned, and remanded the
issue afresh, by passing a speaking order. Thereafter, the learned Appellate
Authority concerned, vide impugned order dated 13.11.2018
has passed a direction upon the petitioner, to vacate the house in question,
within 30 days. Fetching grievance from the order (supra), the petitioner has
filed the instant writ petition, under Article 226/227 of the
India, to throw a challenge to the impugned order.
Learned counsel for the petitioner submits that it is a sponsored
litigation, at the behest of son of the respondent No.3
of the petitioner. He further submit
Domestic Violence Act (DVA), the house in question
declared as a shared household, therefore,
from the house in question. The learned Appellate Authority concerned, ha
not ascertained this fact earlier, as to whether, the house in question was a
shared household of the petitioner, or not.
He further draws the attention of this Court toward various
litigation pending between the petitioner and her husband, to subm
various order were passed in the proceedings under Section 125
as well as under the DV Act, wherethrough, a direction was
the husband of the petitioner, to pay the maintenance of Rs.10,000/
3
No.3, fetching grievance from the said order, filed an appeal, on the ground
given. However, the appeal was dismissed, vide
were put to challenge by the respondent No.3,
Coordinate Bench of this Court, vide order
, has set aside the order passed by the
learned Appellate Authority concerned, and remanded the lis, for deciding the
. Thereafter, the learned Appellate
rder dated 13.11.2018 (Annexure P-14)
has passed a direction upon the petitioner, to vacate the house in question,
within 30 days. Fetching grievance from the order (supra), the petitioner has
under Article 226/227 of the Constitution of
India, to throw a challenge to the impugned order.
Learned counsel for the petitioner submits that it is a sponsored
litigation, at the behest of son of the respondent No.3, who is an estranged
submits that under the proceedings of
, the house in question was subsequently,
herefore, the petitioner cannot be evicted
from the house in question. The learned Appellate Authority concerned, ha
not ascertained this fact earlier, as to whether, the house in question was a
He further draws the attention of this Court toward various
litigation pending between the petitioner and her husband, to submit that
various order were passed in the proceedings under Section 125-A of Cr.P.C.,
, wherethrough, a direction was also passed upon
, to pay the maintenance of Rs.10,000/- per month
No.3, fetching grievance from the said order, filed an appeal, on the ground
ed, vide
were put to challenge by the respondent No.3,
Coordinate Bench of this Court, vide order
, has set aside the order passed by the
, for deciding the
. Thereafter, the learned Appellate
14),
has passed a direction upon the petitioner, to vacate the house in question,
within 30 days. Fetching grievance from the order (supra), the petitioner has
Constitution of
Learned counsel for the petitioner submits that it is a sponsored
estranged
under the proceedings of
was subsequently,
the petitioner cannot be evicted
from the house in question. The learned Appellate Authority concerned, has
not ascertained this fact earlier, as to whether, the house in question was a
He further draws the attention of this Court toward various
it that
A of Cr.P.C.,
passed upon
per month
CWP-38095
and Rs.5,500/
been paid by the husband of the petitioner. He also submits that
No.382 dated 14.05.2015, under Sections 498
34 of IPC, 1860,
against the husband of the petitioner. Subsequently, he was declared as a
‘Proclaimed
dated 24.07.2024, under Section 174
that the contents
not qualify the learned Maintenance Tribunal, to entertain the same under the
Act of 2007.
at village Umedupur, since beginning. This fact is very much clear from the
perusal of the application and the said application has been filed at the behest
of his son, to harass the petitioner.
accommodation to
8.
Hon’ble Supreme Court in
Vanitha versus
others’ 2021 AIR (Supreme Court) 177; decided on 15.12.2020
that in case, it is established that
the summary proceedings under the Act of 2007, cannot be invoked seeking
eviction of a woman.
9.
vociferously opposed the submissions made by the lea
petitioner, and
husband of the petitioner (respondent No.4)
respondent No.4, have already disowned him, way back on 09.10.2014
095-2018 (O&M)
and Rs.5,500/- as expenses. However, till date, not even a single penny has
been paid by the husband of the petitioner. He also submits that
o.382 dated 14.05.2015, under Sections 498
34 of IPC, 1860, has been registered at Po
against the husband of the petitioner. Subsequently, he was declared as a
Proclaimed Person’ in the said FIR, which led to registration of FIR No.
dated 24.07.2024, under Section 174-A of IPC
contents of the application, as preferred by the respondent N
qualify the learned Maintenance Tribunal, to entertain the same under the
Act of 2007. He finally, submits that the respondent No.3, is living separately
ge Umedupur, since beginning. This fact is very much clear from the
perusal of the application and the said application has been filed at the behest
of his son, to harass the petitioner. Furthermore, the petitioner has no other
accommodation to reside; therefore, she cannot be left at the mercy of God.
He has also placed reliance upon the judgment passed by the
Hon’ble Supreme Court in Civil Appeal No.3822 of 2020,
Vanitha versus The Deputy Commissioner, Bengaluru Urban District and
others’ 2021 AIR (Supreme Court) 177; decided on 15.12.2020
that in case, it is established that it is a shared household of the woman, then
the summary proceedings under the Act of 2007, cannot be invoked seeking
eviction of a woman.
On the other hand, learned counsel for the respondent No.3, has
vociferously opposed the submissions made by the lea
petitioner, and submits that it is not a sponsored litigation, at the behest of
husband of the petitioner (respondent No.4)
respondent No.4, have already disowned him, way back on 09.10.2014
4
s expenses. However, till date, not even a single penny has
been paid by the husband of the petitioner. He also submits that a criminal FIR
o.382 dated 14.05.2015, under Sections 498-A, 406, 323 read with Section
at Police Station Civil Lines, Hisar,
against the husband of the petitioner. Subsequently, he was declared as a
in the said FIR, which led to registration of FIR No.270
A of IPC, 1860. He, in addition, submits
of the application, as preferred by the respondent No.3, do
qualify the learned Maintenance Tribunal, to entertain the same under the
submits that the respondent No.3, is living separately
ge Umedupur, since beginning. This fact is very much clear from the
perusal of the application and the said application has been filed at the behest
Furthermore, the petitioner has no other
refore, she cannot be left at the mercy of God.
placed reliance upon the judgment passed by the
Civil Appeal No.3822 of 2020, titled ‘Smt. S.
The Deputy Commissioner, Bengaluru Urban District and
others’ 2021 AIR (Supreme Court) 177; decided on 15.12.2020, to submit
it is a shared household of the woman, then
the summary proceedings under the Act of 2007, cannot be invoked seeking
learned counsel for the respondent No.3, has
vociferously opposed the submissions made by the learned counsel for the
submits that it is not a sponsored litigation, at the behest of
husband of the petitioner (respondent No.4), rather the parents of the
respondent No.4, have already disowned him, way back on 09.10.2014. He
s expenses. However, till date, not even a single penny has
a criminal FIR
A, 406, 323 read with Section
lice Station Civil Lines, Hisar,
against the husband of the petitioner. Subsequently, he was declared as a
270
, submits
o.3, does
qualify the learned Maintenance Tribunal, to entertain the same under the
submits that the respondent No.3, is living separately
ge Umedupur, since beginning. This fact is very much clear from the
perusal of the application and the said application has been filed at the behest
Furthermore, the petitioner has no other
refore, she cannot be left at the mercy of God.
placed reliance upon the judgment passed by the
‘Smt. S.
The Deputy Commissioner, Bengaluru Urban District and
to submit
it is a shared household of the woman, then
the summary proceedings under the Act of 2007, cannot be invoked seeking
learned counsel for the respondent No.3, has
rned counsel for the
submits that it is not a sponsored litigation, at the behest of
, rather the parents of the
. He
CWP-38095
further submits
(respondent No.4), and on account of this, the parents, who are senior citizens,
cannot be made
the proceedings of DV Act, as well as
Cr.P.C., are in fact a misplaced reliance, as these are the liabilities of their son,
and they (senior
submits that son of the respondent No.3, is already absconding from the
clutches of law, and he has been declared as a
draws the attention of this Court towards
Director General
efforts made by the District Police,
petitioner (respondent N
10.
respondent No.3
phase of her life, as she is suffering from Stage
regular treatment, which is available in Hisa
her own house, and
shared household
petitioner has
to his arguments,
the Supreme Court in case titled
Batra (Smt.)’ (2007) 3 Supreme Court Cases 169
an exclusive property of the mother
household’.
11.
High Court
095-2018 (O&M)
further submits that the dispute is between the petitioner and her husband
(respondent No.4), and on account of this, the parents, who are senior citizens,
made to suffer. He also submits that the reliance of the petitioner on
the proceedings of DV Act, as well as the proceedings
, are in fact a misplaced reliance, as these are the liabilities of their son,
and they (senior citizens) cannot be held liable for the same.
submits that son of the respondent No.3, is already absconding from the
clutches of law, and he has been declared as a
draws the attention of this Court towards the affidavit filed by the
General of Police, Hisar Range, Hisar, to submit
efforts made by the District Police, the
respondent No.4), could not be traced out.
All the above mentioned
respondent No.3, is fighting for her right to use her own property, in the last
of her life, as she is suffering from Stage
regular treatment, which is available in Hisa
her own house, and the house in question,
shared household, as it is a positive case of the respondent No.3
has entered into the house in January, 2013.
to his arguments, he has placed reliance upon the judgment passed by Hon’ble
the Supreme Court in case titled ‘S.R. Batra and another versus Taruna
Batra (Smt.)’ (2007) 3 Supreme Court Cases 169
an exclusive property of the mother-in-law, it cannot be termed as a
.
He further placed reliance upon the judgment passed by Delhi
in case titled ‘Darshna versus Govt. of NCT
5
that the dispute is between the petitioner and her husband
(respondent No.4), and on account of this, the parents, who are senior citizens,
He also submits that the reliance of the petitioner on
the proceedings under Section 125
, are in fact a misplaced reliance, as these are the liabilities of their son,
cannot be held liable for the same. He, in addition,
submits that son of the respondent No.3, is already absconding from the
clutches of law, and he has been declared as a Proclaimed Person. Finally, h
the affidavit filed by the Additional
isar, to submit that despite the best
he whereabouts of husband of the
could not be traced out.
facts collectively disclose that
, is fighting for her right to use her own property, in the last
of her life, as she is suffering from Stage-IV Cancer, and she requires
regular treatment, which is available in Hisar. However, she is unable to enter
, cannot be considered at all, as a
it is a positive case of the respondent No.3, that the
entered into the house in January, 2013. In order to lend vigour
aced reliance upon the judgment passed by Hon’ble
‘S.R. Batra and another versus Taruna
Batra (Smt.)’ (2007) 3 Supreme Court Cases 169, to submit that where it is
law, it cannot be termed as a ‘shared
He further placed reliance upon the judgment passed by Delhi
‘Darshna versus Govt. of NCT of Delhi and others’
that the dispute is between the petitioner and her husband
(respondent No.4), and on account of this, the parents, who are senior citizens,
He also submits that the reliance of the petitioner on
under Section 125-A
, are in fact a misplaced reliance, as these are the liabilities of their son,
, in addition,
submits that son of the respondent No.3, is already absconding from the
Finally, he
Additional
that despite the best
husband of the
that
, is fighting for her right to use her own property, in the last
, and she requires
unable to enter
as a
that the
end vigour
aced reliance upon the judgment passed by Hon’ble
‘S.R. Batra and another versus Taruna
where it is
shared
He further placed reliance upon the judgment passed by Delhi
Delhi and others’
CWP-38095
2018 (4) R.C
titled ‘Balbir Kaur versus Presiding Officer
and Welfar
others’ 2016(1) R.C.R. (Civil) 653;
2018(3) R.C.R. (Civil) 181; ‘Feroz and another versus The District
Magistrate, U.T. Chandigarh and another’ 2017(2) Law Herald 1156; and
‘Rakesh Kumar Sood versus The District Magistrate
Commissioner, Ludhiana and other
that eviction of the petitioner (daughter
to senior citizen, is maintainable.
12.
learned counsel for the partie
which would be helpful in deciding the validity of the impugned order
Hon’ble the Supreme Court in
examining the legislation intended to deal with salutary aspect
harmonious construction
2007 and the Prevention of Women from Domestic Violence Act (PWDVA)
so as to give effect to
protection and woman’s rights of residence in domestic relationship. It was
specifically held that the property is a ‘shared household’ under the PWDVA,
must be adjudicated by appropriate forum an
invoking summary powers under the Act of 2007, without regard to such
competing right.
authority to order
citizen, but that power is not absolute and the learned Maintenance Tribunal
needs to strike a balance with the competing claim, particularly, the right of
095-2018 (O&M)
2018 (4) R.C.R. (Civil) 693, and judgments of this High Court, passed in case
‘Balbir Kaur versus Presiding Officer
and Welfare of Senior Citizen Tribunal, Pehowa, District Kurukshetra and
others’ 2016(1) R.C.R. (Civil) 653; ‘Sharmila
2018(3) R.C.R. (Civil) 181; ‘Feroz and another versus The District
Magistrate, U.T. Chandigarh and another’ 2017(2) Law Herald 1156; and
‘Rakesh Kumar Sood versus The District Magistrate
issioner, Ludhiana and others’ 2017(2) R.C.R. (Civil) 119
eviction of the petitioner (daughter-in-law) from the house, which belongs
to senior citizen, is maintainable.
Before this Court embark upon the lengthy submissions made by
learned counsel for the parties, let us have a glimpse upon the precedent law,
which would be helpful in deciding the validity of the impugned order
Hon’ble the Supreme Court in the judgment
examining the legislation intended to deal with salutary aspect
harmonious construction between two statutes, i.e. the
2007 and the Prevention of Women from Domestic Violence Act (PWDVA)
so as to give effect to both the protection, i.e. the elderly right to maintain and
protection and woman’s rights of residence in domestic relationship. It was
specifically held that the property is a ‘shared household’ under the PWDVA,
must be adjudicated by appropriate forum an
invoking summary powers under the Act of 2007, without regard to such
competing right. The learned Tribunal, under the Act of 2007
authority to order eviction as an incident of enforcement of right of senior
, but that power is not absolute and the learned Maintenance Tribunal
needs to strike a balance with the competing claim, particularly, the right of
6
and judgments of this High Court, passed in case
‘Balbir Kaur versus Presiding Officer-cum-SDM of the Maintenance
of Senior Citizen Tribunal, Pehowa, District Kurukshetra and
‘Sharmila versus State of Haryana’
2018(3) R.C.R. (Civil) 181; ‘Feroz and another versus The District
Magistrate, U.T. Chandigarh and another’ 2017(2) Law Herald 1156; and
‘Rakesh Kumar Sood versus The District Magistrate-cum-Deputy
s’ 2017(2) R.C.R. (Civil) 119, to submit
law) from the house, which belongs
Before this Court embark upon the lengthy submissions made by
s, let us have a glimpse upon the precedent law,
which would be helpful in deciding the validity of the impugned order
the judgment Smt. S. Vanitha (supra), after
examining the legislation intended to deal with salutary aspects, stressed
between two statutes, i.e. the Senior Citizen Act of
2007 and the Prevention of Women from Domestic Violence Act (PWDVA)
both the protection, i.e. the elderly right to maintain and
protection and woman’s rights of residence in domestic relationship. It was
specifically held that the property is a ‘shared household’ under the PWDVA,
must be adjudicated by appropriate forum and cannot be defeated merely by
invoking summary powers under the Act of 2007, without regard to such
The learned Tribunal, under the Act of 2007, may have
eviction as an incident of enforcement of right of senior
, but that power is not absolute and the learned Maintenance Tribunal
needs to strike a balance with the competing claim, particularly, the right of
and judgments of this High Court, passed in case
SDM of the Maintenance
of Senior Citizen Tribunal, Pehowa, District Kurukshetra and
versus State of Haryana’
2018(3) R.C.R. (Civil) 181; ‘Feroz and another versus The District
Magistrate, U.T. Chandigarh and another’ 2017(2) Law Herald 1156; and
Deputy
, to submit
law) from the house, which belongs
Before this Court embark upon the lengthy submissions made by
s, let us have a glimpse upon the precedent law,
which would be helpful in deciding the validity of the impugned order.
, after
s, stressed
Act of
2007 and the Prevention of Women from Domestic Violence Act (PWDVA),
both the protection, i.e. the elderly right to maintain and
protection and woman’s rights of residence in domestic relationship. It was
specifically held that the property is a ‘shared household’ under the PWDVA,
d cannot be defeated merely by
invoking summary powers under the Act of 2007, without regard to such
, may have
eviction as an incident of enforcement of right of senior
, but that power is not absolute and the learned Maintenance Tribunal
needs to strike a balance with the competing claim, particularly, the right of
CWP-38095
woman to reside in a shared household.
be used as a tool to override
paragraphs are extracted hereinafter :
095-2018 (O&M)
woman to reside in a shared household. The rigours of the Act of 2007, cannot
be used as a tool to override the protection
paragraphs are extracted hereinafter :-
“21. In this case, both pieces of legislation are intended to deal
with salutary aspects of public welfare and interest. The PWDV
Act 2005 was intended to deal with th
violence which, as the Statements of Objects and Reasons sets
out, is widely prevalent but has remained largely invisible in the
public domain. The Statements of Objects and Reasons Indicates
that while Section 498A of the Indian Pen
offence out of a woman's subjection to cruelty by her husband or
relative, the civil law did not address its phenomenon in its
entirety. Hence, consistent with the provisions of Articles 14, 15
and 21 of the Constitution, Parliament
which would "provide for a remedy under the civil law which is
intended to protect the woman from being victims of domestic
violence and to prevent the occurrence of domestic violence in
the society". The ambit of the Bill has been e
"4. The Bill, inter alia, seeks to provide for the following:
(i) It covers those women who are or have been in a relationship
with the abuser where both parties have lived together in a
shared household and are related by consanguinity. ma
through a relationship in the nature of marriage or adoption. In
addition, relationships with family members living together as a
joint family are also included. Even those women who are sisters,
widows, mothers, single women, or living with the
entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife or the female living in
a relationship in the nature of marriage to file a complaint under
the proposed enactment against any relative of the
the male partner, it does not enable any female relative of the
husband or the male partner to file a complaint against the wife
or the female partner.
(ii) It defines the expression "domestic violence" to include actual
7
The rigours of the Act of 2007, cannot
the protection under the DV Act. The relevant
21. In this case, both pieces of legislation are intended to deal
with salutary aspects of public welfare and interest. The PWDV
Act 2005 was intended to deal with the problems of domestic
violence which, as the Statements of Objects and Reasons sets
out, is widely prevalent but has remained largely invisible in the
public domain. The Statements of Objects and Reasons Indicates
that while Section 498A of the Indian Penal Code created a penal
offence out of a woman's subjection to cruelty by her husband or
relative, the civil law did not address its phenomenon in its
entirety. Hence, consistent with the provisions of Articles 14, 15
and 21 of the Constitution, Parliament enacted a legislation
which would "provide for a remedy under the civil law which is
intended to protect the woman from being victims of domestic
violence and to prevent the occurrence of domestic violence in
the society". The ambit of the Bill has been explained thus:
"4. The Bill, inter alia, seeks to provide for the following:-
(i) It covers those women who are or have been in a relationship
with the abuser where both parties have lived together in a
shared household and are related by consanguinity. marriage or
through a relationship in the nature of marriage or adoption. In
addition, relationships with family members living together as a
joint family are also included. Even those women who are sisters,
widows, mothers, single women, or living with the abuser are
entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife or the female living in
a relationship in the nature of marriage to file a complaint under
the proposed enactment against any relative of the husband or
the male partner, it does not enable any female relative of the
husband or the male partner to file a complaint against the wife
) It defines the expression "domestic violence" to include actual
The rigours of the Act of 2007, cannot
under the DV Act. The relevant
21. In this case, both pieces of legislation are intended to deal
with salutary aspects of public welfare and interest. The PWDV
e problems of domestic
violence which, as the Statements of Objects and Reasons sets
out, is widely prevalent but has remained largely invisible in the
public domain. The Statements of Objects and Reasons Indicates
al Code created a penal
offence out of a woman's subjection to cruelty by her husband or
relative, the civil law did not address its phenomenon in its
entirety. Hence, consistent with the provisions of Articles 14, 15
enacted a legislation
which would "provide for a remedy under the civil law which is
intended to protect the woman from being victims of domestic
violence and to prevent the occurrence of domestic violence in
(i) It covers those women who are or have been in a relationship
with the abuser where both parties have lived together in a
rriage or
through a relationship in the nature of marriage or adoption. In
addition, relationships with family members living together as a
joint family are also included. Even those women who are sisters,
abuser are
entitled to legal protection under the proposed legislation.
However, whereas the Bill enables the wife or the female living in
a relationship in the nature of marriage to file a complaint under
husband or
the male partner, it does not enable any female relative of the
husband or the male partner to file a complaint against the wife
) It defines the expression "domestic violence" to include actual
CWP-38095
095-2018 (O&M)
abuse or threat or abuse that is physical, sexual, verbal,
emotional or economic. Harassment by way of unlawful dowry
demands to the woman or her relatives would also be covered
under this definition.
(iii) It provides for the rights of women to secure housing. It also
provides for the right of a woman to reside in her matrimonial
home or shared household, whether or not she has any title or
rights in such home or household. This right is secured by a
residence order, which is passed by the Magistrate.
(iv) It empowers the Magistrate to pass protection orders in
favour of the aggrieved person to prevent the respondent from
aiding or committing an act of domestic violence or any other
specified act, entering a workplace or any other place frequented
by the aggrieved person, attempt
isolating any assets used by both the parties and causing violence
to the aggrieved person, her relatives or others who provide her
assistance from the domestic violence.
(v) It provides for appointment of Protection Officers a
registration of non-governmental organisations as service
providers for providing assistance to the aggrieved person with
respect to her medical examination, obtaining legal aid, safe
shelter, etc."
The above extract indicates that a significant object of the
legislation is to provide for and recognize the rights of women to
secure housing and to recognize the right of a woman to reside in
a matrimonial home or a shared household, whether or not she
has any title or right in the shared household. Allowing the
Senior Citizens Act 2007 to have an overriding force and effect in
all situations, irrespective of competing entitlements of a woman
to a right in a shared household within the meaning of the PWDV
Act 2005, would defeat the object and purpose which the
Parliament sought to achieve in enacting the latter legislation.
The law protecting the interest of senior citizens is intended to
ensure that they are not left destitute, or at the mercy of their
children or relatives. Equally, the purpose of the PWDV Act 2005
8
e that is physical, sexual, verbal,
emotional or economic. Harassment by way of unlawful dowry
demands to the woman or her relatives would also be covered
(iii) It provides for the rights of women to secure housing. It also
for the right of a woman to reside in her matrimonial
home or shared household, whether or not she has any title or
rights in such home or household. This right is secured by a
residence order, which is passed by the Magistrate.
rate to pass protection orders in
favour of the aggrieved person to prevent the respondent from
aiding or committing an act of domestic violence or any other
specified act, entering a workplace or any other place frequented
by the aggrieved person, attempting to communicate with her,
isolating any assets used by both the parties and causing violence
to the aggrieved person, her relatives or others who provide her
assistance from the domestic violence.
(v) It provides for appointment of Protection Officers a
governmental organisations as service
providers for providing assistance to the aggrieved person with
respect to her medical examination, obtaining legal aid, safe
The above extract indicates that a significant object of the
legislation is to provide for and recognize the rights of women to
secure housing and to recognize the right of a woman to reside in
a matrimonial home or a shared household, whether or not she
as any title or right in the shared household. Allowing the
Senior Citizens Act 2007 to have an overriding force and effect in
all situations, irrespective of competing entitlements of a woman
to a right in a shared household within the meaning of the PWDV
Act 2005, would defeat the object and purpose which the
Parliament sought to achieve in enacting the latter legislation.
The law protecting the interest of senior citizens is intended to
ensure that they are not left destitute, or at the mercy of their
ildren or relatives. Equally, the purpose of the PWDV Act 2005
e that is physical, sexual, verbal,
emotional or economic. Harassment by way of unlawful dowry
demands to the woman or her relatives would also be covered
(iii) It provides for the rights of women to secure housing. It also
for the right of a woman to reside in her matrimonial
home or shared household, whether or not she has any title or
rights in such home or household. This right is secured by a
rate to pass protection orders in
favour of the aggrieved person to prevent the respondent from
aiding or committing an act of domestic violence or any other
specified act, entering a workplace or any other place frequented
ing to communicate with her,
isolating any assets used by both the parties and causing violence
to the aggrieved person, her relatives or others who provide her
(v) It provides for appointment of Protection Officers and
governmental organisations as service
providers for providing assistance to the aggrieved person with
respect to her medical examination, obtaining legal aid, safe
The above extract indicates that a significant object of the
legislation is to provide for and recognize the rights of women to
secure housing and to recognize the right of a woman to reside in
a matrimonial home or a shared household, whether or not she
as any title or right in the shared household. Allowing the
Senior Citizens Act 2007 to have an overriding force and effect in
all situations, irrespective of competing entitlements of a woman
to a right in a shared household within the meaning of the PWDV
Act 2005, would defeat the object and purpose which the
Parliament sought to achieve in enacting the latter legislation.
The law protecting the interest of senior citizens is intended to
ensure that they are not left destitute, or at the mercy of their
ildren or relatives. Equally, the purpose of the PWDV Act 2005
CWP-38095
095-2018 (O&M)
cannot be ignored by a sleight of statutory interpretation. Both
sets of legislations have to be harmoniously construed. Hence the
right of a woman to secure a residence order in respect of a
shared household cannot be defeated by the simple expedient of
securing an order of eviction by adopting the summary procedure
under the Senior Citizens Act 2007.
22. This Court is cognizant that the Senior Citizens Act 2007 was
promulgated with a view to p
remedy to senior citizens. Accordingly, Tribunals were
constituted under Section 7. These Tribunals have the power to
conduct summary procedures for inquiry, with all powers of the
Civil Courts, under Section 8. The jurisdic
has been explicitly barred under Section 27 of the Senior Citizens
Act 2007. However, the over-riding effect for remedies sought by
the applicants under the Senior Citizens Act 2007 under Section
3, cannot be interpreted to preclud
and protections that are sought to be conferred by the PWDV Act
2005. The PWDV Act 2005 is also in the nature of a special
legislation, that is enacted with the purpose of correcting gender
discrimination that pans out in the
inequities in a largely patriarchal society. in deference to the
dominant purpose of both the legislations, it would be
appropriate for a Tribunal under the Senior Citizens Act, 2007 to
grant such remedies of maintenance, as en
2(b) of the Senior Citizens Act 2007 that do not result in
obviating competing remedies under other special statutes, such
as the PWDV Act 2005. Section 26 of the PWDV Act empowers
certain reliefs, including relief for a residence ar
obtained from any civil court in any legal proceedings.
Therefore, in the event that a composite dispute is alleged, such
as in the present case where the suit premises are a site of
contestation between two groups protected by the law, it would
be appropriate for the Tribunal constituted under the Senior
Citizens Act 2007 to appropriately mould reliefs, after noticing
the competing claims of the parties claiming under the PWDV
9
cannot be ignored by a sleight of statutory interpretation. Both
sets of legislations have to be harmoniously construed. Hence the
right of a woman to secure a residence order in respect of a
hared household cannot be defeated by the simple expedient of
securing an order of eviction by adopting the summary procedure
under the Senior Citizens Act 2007.
22. This Court is cognizant that the Senior Citizens Act 2007 was
promulgated with a view to provide a speedy and inexpensive
remedy to senior citizens. Accordingly, Tribunals were
constituted under Section 7. These Tribunals have the power to
conduct summary procedures for inquiry, with all powers of the
Civil Courts, under Section 8. The jurisdiction of the Civil Courts
has been explicitly barred under Section 27 of the Senior Citizens
riding effect for remedies sought by
the applicants under the Senior Citizens Act 2007 under Section
3, cannot be interpreted to preclude all other competing remedies
and protections that are sought to be conferred by the PWDV Act
2005. The PWDV Act 2005 is also in the nature of a special
legislation, that is enacted with the purpose of correcting gender
discrimination that pans out in the form of social and economic
inequities in a largely patriarchal society. in deference to the
dominant purpose of both the legislations, it would be
appropriate for a Tribunal under the Senior Citizens Act, 2007 to
grant such remedies of maintenance, as envisaged under Section
2(b) of the Senior Citizens Act 2007 that do not result in
obviating competing remedies under other special statutes, such
as the PWDV Act 2005. Section 26 of the PWDV Act empowers
certain reliefs, including relief for a residence arder, to be
obtained from any civil court in any legal proceedings.
Therefore, in the event that a composite dispute is alleged, such
as in the present case where the suit premises are a site of
contestation between two groups protected by the law, it would
be appropriate for the Tribunal constituted under the Senior
Citizens Act 2007 to appropriately mould reliefs, after noticing
the competing claims of the parties claiming under the PWDV
cannot be ignored by a sleight of statutory interpretation. Both
sets of legislations have to be harmoniously construed. Hence the
right of a woman to secure a residence order in respect of a
hared household cannot be defeated by the simple expedient of
securing an order of eviction by adopting the summary procedure
22. This Court is cognizant that the Senior Citizens Act 2007 was
rovide a speedy and inexpensive
remedy to senior citizens. Accordingly, Tribunals were
constituted under Section 7. These Tribunals have the power to
conduct summary procedures for inquiry, with all powers of the
tion of the Civil Courts
has been explicitly barred under Section 27 of the Senior Citizens
riding effect for remedies sought by
the applicants under the Senior Citizens Act 2007 under Section
e all other competing remedies
and protections that are sought to be conferred by the PWDV Act
2005. The PWDV Act 2005 is also in the nature of a special
legislation, that is enacted with the purpose of correcting gender
form of social and economic
inequities in a largely patriarchal society. in deference to the
dominant purpose of both the legislations, it would be
appropriate for a Tribunal under the Senior Citizens Act, 2007 to
visaged under Section
2(b) of the Senior Citizens Act 2007 that do not result in
obviating competing remedies under other special statutes, such
as the PWDV Act 2005. Section 26 of the PWDV Act empowers
der, to be
obtained from any civil court in any legal proceedings.
Therefore, in the event that a composite dispute is alleged, such
as in the present case where the suit premises are a site of
contestation between two groups protected by the law, it would
be appropriate for the Tribunal constituted under the Senior
Citizens Act 2007 to appropriately mould reliefs, after noticing
the competing claims of the parties claiming under the PWDV
CWP-38095
13.
down by the Hon’ble Supreme Court
there is no wrangle with regard to same.
it was specifically held that wife is only entitled to claim a right to residence
in a shared household, and a shared household would only mean, the house
belonging to or t
the joint family of which the husband is the member
hereunder :-
095-2018 (O&M)
Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior
Citizens Act, 2007 cannot be deployed to over
other protections in law, particularly that of a woman's right to a
shared household under Section 17 of the PWDV Act 2005. In the
event that the aggrieved woman" obtains al relief from a Tribunal
constituted under the Senior Citizens Act 2007, she shall duty
bound to inform the Magistrate under the PWDV Act 2005, as
per Sub-section (3) of Section 26 of the PWDV Act 2005. This
course of action would ensure that the common intent of the
Senior Citizens Act 2007 and the PWDV Act 2005
speedy relief to its protected groups who are both vulnerable
members of the society, is effectively re
translate to rights in life, only if there is an equitable ease in
obtaining their realization.
24. For the above reasons, we have come to the conclusion that
the claim of the appellant that the premises constitute a shared
household within the meaning of the PWDV Act 2005 would have
to be determined by the appropriate forum. The claim
simply be obviated by evicting the appellant in exercise of the
summary powers entrusted by the Senior Citizens Act 2007. The
Second and Third Respondents are at liberty to make a
subsequent application under Section 10 of the Senior Citizens
Act 2007 for alteration of the maintenance allowance, before the
appropriate forum.”
This Court has also examined the judgment and
down by the Hon’ble Supreme Court in S.R. Batra and another (supra)
there is no wrangle with regard to same. In Paragraph 29 of the said judgment
it was specifically held that wife is only entitled to claim a right to residence
in a shared household, and a shared household would only mean, the house
belonging to or taken on rent by the husband, or the house which belongs to
the joint family of which the husband is the member
-
10
Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior
ns Act, 2007 cannot be deployed to over-ride and nullify
other protections in law, particularly that of a woman's right to a
shared household under Section 17 of the PWDV Act 2005. In the
event that the aggrieved woman" obtains al relief from a Tribunal
nstituted under the Senior Citizens Act 2007, she shall duty
bound to inform the Magistrate under the PWDV Act 2005, as
section (3) of Section 26 of the PWDV Act 2005. This
course of action would ensure that the common intent of the
Act 2007 and the PWDV Act 2005- of ensuring
speedy relief to its protected groups who are both vulnerable
members of the society, is effectively realized. Rights in law can
ate to rights in life, only if there is an equitable ease in
24. For the above reasons, we have come to the conclusion that
the claim of the appellant that the premises constitute a shared
household within the meaning of the PWDV Act 2005 would have
to be determined by the appropriate forum. The claim cannot
simply be obviated by evicting the appellant in exercise of the
summary powers entrusted by the Senior Citizens Act 2007. The
Second and Third Respondents are at liberty to make a
subsequent application under Section 10 of the Senior Citizens
07 for alteration of the maintenance allowance, before the
This Court has also examined the judgment and the ratio laid
S.R. Batra and another (supra), and
In Paragraph 29 of the said judgment
it was specifically held that wife is only entitled to claim a right to residence
in a shared household, and a shared household would only mean, the house
aken on rent by the husband, or the house which belongs to
the joint family of which the husband is the member. The relevant is extracted
Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior
ride and nullify
other protections in law, particularly that of a woman's right to a
shared household under Section 17 of the PWDV Act 2005. In the
event that the aggrieved woman" obtains al relief from a Tribunal
nstituted under the Senior Citizens Act 2007, she shall duty-
bound to inform the Magistrate under the PWDV Act 2005, as
section (3) of Section 26 of the PWDV Act 2005. This
course of action would ensure that the common intent of the
of ensuring
speedy relief to its protected groups who are both vulnerable
alized. Rights in law can
ate to rights in life, only if there is an equitable ease in
24. For the above reasons, we have come to the conclusion that
the claim of the appellant that the premises constitute a shared
household within the meaning of the PWDV Act 2005 would have
cannot
simply be obviated by evicting the appellant in exercise of the
summary powers entrusted by the Senior Citizens Act 2007. The
Second and Third Respondents are at liberty to make a
subsequent application under Section 10 of the Senior Citizens
07 for alteration of the maintenance allowance, before the
the ratio laid
, and
In Paragraph 29 of the said judgment
it was specifically held that wife is only entitled to claim a right to residence
in a shared household, and a shared household would only mean, the house
aken on rent by the husband, or the house which belongs to
. The relevant is extracted
CWP-38095
14.
this Court has examined the facts of the instant case
mention that the house in question has now been declared as a ‘shared
household’ by the competent Court
Section 12 of the DV Act of 2005. It was specifically observed that the House
No.28, Bishnoi Colony, Hisar
right to reside in the same on the first floor. However, that right
subject to the outcome of the decision of the instant writ petition. Further,
since the petitioner was made to contest various litigations
Court awarded the compensation
petitioner, by her husband (respondent No.4, herein)
hereunder:-
095-2018 (O&M)
29. As regards Section 17(1) of the Act, in our opinion the
wife is only entitled to claim a right to res
shared household, and a shared household would only
mean the house belonging to or taken on rent by the
husband, or the house which belongs to the joint family of
which the husband is a member. The property in question
in the present case neith
it taken on rent by him nor is it a joint family property of
which the husband Amit Batra is a member. It is the
exclusive property of Appellant 2, mother of Amit Batra.
Hence it cannot be called a
On the anvil of the ratio laid down by Hon’ble Supreme Court,
this Court has examined the facts of the instant case
mention that the house in question has now been declared as a ‘shared
household’ by the competent Court, on a petition filed by the petitioner under
Section 12 of the DV Act of 2005. It was specifically observed that the House
28, Bishnoi Colony, Hisar, is a shared household
to reside in the same on the first floor. However, that right
subject to the outcome of the decision of the instant writ petition. Further,
since the petitioner was made to contest various litigations
Court awarded the compensation to the tune of Rs.1,00,000/
petitioner, by her husband (respondent No.4, herein)
26. xxx xxx
Therefore, when it is proved that the house No.28 Bishnoi
Colony is shared household the petitioner ha
reside in the same on the 1
clear that the residence order passed by this Court is
subject to final outcome of the CWP No.38095 of 2018
pending before the Hon’ble High Court.
11
29. As regards Section 17(1) of the Act, in our opinion the
wife is only entitled to claim a right to residence in a
shared household, and a shared household would only
mean the house belonging to or taken on rent by the
husband, or the house which belongs to the joint family of
which the husband is a member. The property in question
in the present case neither belongs to Amit Batra nor was
it taken on rent by him nor is it a joint family property of
which the husband Amit Batra is a member. It is the
exclusive property of Appellant 2, mother of Amit Batra.
Hence it cannot be called a “shared household”.
On the anvil of the ratio laid down by Hon’ble Supreme Court,
this Court has examined the facts of the instant case in extenso. It is relevant to
mention that the house in question has now been declared as a ‘shared
petition filed by the petitioner under
Section 12 of the DV Act of 2005. It was specifically observed that the House
, is a shared household, and the petitioner has a
to reside in the same on the first floor. However, that right was made
subject to the outcome of the decision of the instant writ petition. Further,
since the petitioner was made to contest various litigations, the competent
to the tune of Rs.1,00,000/-, to be paid to the
petitioner, by her husband (respondent No.4, herein). The relevant is extracted
Therefore, when it is proved that the house No.28 Bishnoi
Colony is shared household the petitioner has the right to
reside in the same on the 1
st
floor, however, it is made
the residence order passed by this Court is
subject to final outcome of the CWP No.38095 of 2018
pending before the Hon’ble High Court.
29. As regards Section 17(1) of the Act, in our opinion the
idence in a
shared household, and a shared household would only
mean the house belonging to or taken on rent by the
husband, or the house which belongs to the joint family of
which the husband is a member. The property in question
er belongs to Amit Batra nor was
it taken on rent by him nor is it a joint family property of
which the husband Amit Batra is a member. It is the
exclusive property of Appellant 2, mother of Amit Batra.
On the anvil of the ratio laid down by Hon’ble Supreme Court,
It is relevant to
mention that the house in question has now been declared as a ‘shared
petition filed by the petitioner under
Section 12 of the DV Act of 2005. It was specifically observed that the House
has a
made
subject to the outcome of the decision of the instant writ petition. Further,
, the competent
, to be paid to the
. The relevant is extracted
Therefore, when it is proved that the house No.28 Bishnoi
s the right to
floor, however, it is made
the residence order passed by this Court is
subject to final outcome of the CWP No.38095 of 2018
CWP-38095
15.
first floor of the
therefore, with the a
cannot be evicted from
husband of the petitioner is not appearing in any of the civil or criminal
proceedings, rather
of marriage, various litigations
the respondent No.3/senior citizen
made to throw the petitioner out from the hous
electricity connection
institute a civil suit for permanent injunction. In the said suit, she
095-2018 (O&M)
30 In view of above discussion, the present petition is
allowed in the aforesaid terms to the effect that petitioner
is granted relief of residence at the 1" floor of shared
household i.e. house No.28 Bishnoi Colony, Hisar,
however, this order of residence
outcome of the CWP No.38095 of 2018 pending before the
Hon'ble High Court. The petitioner is further granted relief
of compensation to the tune of 1 lakh to be paid by the
respondent-husband No.3. Respondent
directed to pay maintenance to the tune of
month. However, any sum awarded and paid in any other
litigation shall be set off against the maintenan
in this petition. A protection order is also granted to the
petitioner with a direction to
any domestic violence upon the petitioner and the
Protection Officer as well as SHO concerned are directed
to comply with the order of protection if required by the
petitioner. Copy of this order be given to the petitioner fr
of costs and a copy be sent to the SHO
as the Protection Officer.”
From the facts mentioned above, it is clearly transpire
first floor of the house in question was declared as a ‘shared household’
with the aid of the Act of 2007
cannot be evicted from the said house. It is important to note here that the
husband of the petitioner is not appearing in any of the civil or criminal
proceedings, rather he was declared as a ‘Proclaimed Person’. After two years
of marriage, various litigations inter se were filed between her husband and
the respondent No.3/senior citizen. Since inception, endevours were being
made to throw the petitioner out from the hous
electricity connection was got disconnected, propelling the petitioner to
institute a civil suit for permanent injunction. In the said suit, she
12
30 In view of above discussion, the present petition is
allowed in the aforesaid terms to the effect that petitioner
is granted relief of residence at the 1" floor of shared
household i.e. house No.28 Bishnoi Colony, Hisar,
however, this order of residence shall be subject to final
outcome of the CWP No.38095 of 2018 pending before the
Hon'ble High Court. The petitioner is further granted relief
of compensation to the tune of 1 lakh to be paid by the
husband No.3. Respondent-husband is also
ted to pay maintenance to the tune of ₹10,000/- per
month. However, any sum awarded and paid in any other
litigation shall be set off against the maintenance awarded
in this petition. A protection order is also granted to the
petitioner with a direction to the respondents not to commit
any domestic violence upon the petitioner and the
Protection Officer as well as SHO concerned are directed
to comply with the order of protection if required by the
petitioner. Copy of this order be given to the petitioner fr
of costs and a copy be sent to the SHO concerned as well
as the Protection Officer.”
mentioned above, it is clearly transpired that the
was declared as a ‘shared household’
id of the Act of 2007, the petitioner (daughter-in-law)
It is important to note here that the
husband of the petitioner is not appearing in any of the civil or criminal
he was declared as a ‘Proclaimed Person’. After two years
were filed between her husband and
. Since inception, endevours were being
made to throw the petitioner out from the house in question. Even the
was got disconnected, propelling the petitioner to
institute a civil suit for permanent injunction. In the said suit, she impleaded
30 In view of above discussion, the present petition is
allowed in the aforesaid terms to the effect that petitioner
is granted relief of residence at the 1" floor of shared
household i.e. house No.28 Bishnoi Colony, Hisar,
shall be subject to final
outcome of the CWP No.38095 of 2018 pending before the
Hon'ble High Court. The petitioner is further granted relief
of compensation to the tune of 1 lakh to be paid by the
husband is also
per
month. However, any sum awarded and paid in any other
ce awarded
in this petition. A protection order is also granted to the
the respondents not to commit
any domestic violence upon the petitioner and the
Protection Officer as well as SHO concerned are directed
to comply with the order of protection if required by the
petitioner. Copy of this order be given to the petitioner free
concerned as well
that the
was declared as a ‘shared household’,
law)
It is important to note here that the
husband of the petitioner is not appearing in any of the civil or criminal
he was declared as a ‘Proclaimed Person’. After two years
were filed between her husband and
. Since inception, endevours were being
Even the
was got disconnected, propelling the petitioner to
impleaded
CWP-38095
her husband (respondent No.4), as well as, DHBVN as a party.
was decreed in favour of the petitioner
25.11.2016 (Annexure P
the petitioner, restraining the defendants therein
electricity connection
electricity bills of the first floor, or in the alternative, passed a direction upon
the defendant No.1, therein, to release a new connection, in the name of the
petitioner, on the first floor of the house, in c
application.
16.
vide order dated 10.02.2023,
has specifically observed that the husband/respondent N
a single penny of maintenance to the petitioner, rather, he is evading his
presence from the Court concerned.
Tribunal, has granted the permission to senior citizen to use the ground floor
of the house, in question. However, they are hell
evicted from the first floor of the house, as well.
out that this litigation is at the behest of the husband of the petitioner, with
whom, the petitioner has estranged relationship.
2007, cannot be allowed to be misused
the Act.
17.
considered opinion that the impugned order requires interference of this Court,
as such, same is
18.
the senior citizen.
095-2018 (O&M)
her husband (respondent No.4), as well as, DHBVN as a party.
s decreed in favour of the petitioner, vide
25.11.2016 (Annexure P-13), wherethrough, a decree was passed in favour of
the petitioner, restraining the defendants therein
electricity connection installed at the house in question, subject to payment of
electricity bills of the first floor, or in the alternative, passed a direction upon
the defendant No.1, therein, to release a new connection, in the name of the
petitioner, on the first floor of the house, in c
application.
It is not out of contest on record that the learned competent Court,
vide order dated 10.02.2023, while deciding the application under the DV Act,
has specifically observed that the husband/respondent N
a single penny of maintenance to the petitioner, rather, he is evading his
presence from the Court concerned. At the initial stage,
, has granted the permission to senior citizen to use the ground floor
the house, in question. However, they are hell
evicted from the first floor of the house, as well.
out that this litigation is at the behest of the husband of the petitioner, with
whom, the petitioner has estranged relationship.
2007, cannot be allowed to be misused, and even, it is not the des
In view of the above facts and circumstances,
considered opinion that the impugned order requires interference of this Court,
as such, same is accordingly set aside.
This Court also cannot turn its
the senior citizen. The respondent No.3/senior citizen, is stated to be suffering
13
her husband (respondent No.4), as well as, DHBVN as a party. The said suit
, vide judgment and decree dated
, wherethrough, a decree was passed in favour of
the petitioner, restraining the defendants therein, from disconnecting the
the house in question, subject to payment of
electricity bills of the first floor, or in the alternative, passed a direction upon
the defendant No.1, therein, to release a new connection, in the name of the
petitioner, on the first floor of the house, in case, the petitioner files such an
It is not out of contest on record that the learned competent Court,
while deciding the application under the DV Act,
has specifically observed that the husband/respondent No.4, has not paid even
a single penny of maintenance to the petitioner, rather, he is evading his
At the initial stage, learned Maintenance
, has granted the permission to senior citizen to use the ground floor
the house, in question. However, they are hell-bent to get the petitioner
evicted from the first floor of the house, as well. All these facts clearly points
out that this litigation is at the behest of the husband of the petitioner, with
whom, the petitioner has estranged relationship. The provisions of the Act of
, and even, it is not the desired object of
In view of the above facts and circumstances, this Court is of the
considered opinion that the impugned order requires interference of this Court,
This Court also cannot turn its eyes blind towards the rights of
The respondent No.3/senior citizen, is stated to be suffering
The said suit
dated
, wherethrough, a decree was passed in favour of
from disconnecting the
the house in question, subject to payment of
electricity bills of the first floor, or in the alternative, passed a direction upon
the defendant No.1, therein, to release a new connection, in the name of the
ase, the petitioner files such an
It is not out of contest on record that the learned competent Court,
while deciding the application under the DV Act,
o.4, has not paid even
a single penny of maintenance to the petitioner, rather, he is evading his
learned Maintenance
, has granted the permission to senior citizen to use the ground floor
bent to get the petitioner
All these facts clearly points
out that this litigation is at the behest of the husband of the petitioner, with
The provisions of the Act of
ired object of
this Court is of the
considered opinion that the impugned order requires interference of this Court,
eyes blind towards the rights of
The respondent No.3/senior citizen, is stated to be suffering
CWP-38095
from State-IV Cancer
Hisar, and for that purpose, if she shifts to the house in q
have an easy access to the hospital
to vacate the ground floor, and shift on the first floor of the house in question
specifically when
‘shared household’.
the ground floor of the said house, within a period of one month from
of passing of the order
the ground floor.
19.
important to note that husband of the petitioner (respondent No.4) has been
declared as a ‘Proclaimed Person’
him in FIR
with Section 34 of IPC, 1860
In the verdict
DV Act, it was specifically recorded th
avoiding his presence before the Court, which in fact, defeats the rights of the
petitioner of getting maintenance from him.
despite the respondent No.4 (husband), being declared as a ‘Pro
Person’, he is still filing various applications before different
authorities/Courts. However, the concerned police authorities are not in a
position to trace out his whereabouts.
20.
No.4, was also dismissed by Coordinate Bench of this Court, vide order dated
18.03.2024, wherethroug
Family Court, Hisar.
095-2018 (O&M)
IV Cancer, and she requires regular treatment, which is available in
Hisar, and for that purpose, if she shifts to the house in q
have an easy access to the hospital. Therefore, this Court directs the petitioner
to vacate the ground floor, and shift on the first floor of the house in question
specifically when only the first floor of the said house
‘shared household’. Further, the petitioner shall remove all her articles from
the ground floor of the said house, within a period of one month from
of passing of the order and will allow the senior citizen to reside
the ground floor.
Before this Court seal the proceedings of the instant case, it is
important to note that husband of the petitioner (respondent No.4) has been
declared as a ‘Proclaimed Person’ in criminal proceedings initiated against
R No.382 dated 14.05.2015, under Sections 498
with Section 34 of IPC, 1860, registered at Police Station Civil Lines, Hisar
In the verdict dated 10.02.2023, rendered by the competent Court under the
it was specifically recorded that respondent No.4, is purposely
avoiding his presence before the Court, which in fact, defeats the rights of the
petitioner of getting maintenance from him.
despite the respondent No.4 (husband), being declared as a ‘Pro
Person’, he is still filing various applications before different
authorities/Courts. However, the concerned police authorities are not in a
position to trace out his whereabouts.
Criminal Revision (F) No.22 of 2020, preferred by the
No.4, was also dismissed by Coordinate Bench of this Court, vide order dated
18.03.2024, wherethrough, he challenged the orders passed by the learned
Family Court, Hisar. The Coordinate Bench of this Court, vide order dated
14
, and she requires regular treatment, which is available in
Hisar, and for that purpose, if she shifts to the house in question, she would
. Therefore, this Court directs the petitioner
to vacate the ground floor, and shift on the first floor of the house in question
the first floor of the said house has been declared as
Further, the petitioner shall remove all her articles from
the ground floor of the said house, within a period of one month from the date
allow the senior citizen to reside peacefully
the proceedings of the instant case, it is
important to note that husband of the petitioner (respondent No.4) has been
in criminal proceedings initiated against
No.382 dated 14.05.2015, under Sections 498-A, 406, 323 read
, registered at Police Station Civil Lines, Hisar
rendered by the competent Court under the
at respondent No.4, is purposely
avoiding his presence before the Court, which in fact, defeats the rights of the
petitioner of getting maintenance from him. It is informed to this Court, that
despite the respondent No.4 (husband), being declared as a ‘Proclaimed
Person’, he is still filing various applications before different
authorities/Courts. However, the concerned police authorities are not in a
Criminal Revision (F) No.22 of 2020, preferred by the respondent
No.4, was also dismissed by Coordinate Bench of this Court, vide order dated
he challenged the orders passed by the learned
The Coordinate Bench of this Court, vide order dated
, and she requires regular treatment, which is available in
uestion, she would
. Therefore, this Court directs the petitioner
to vacate the ground floor, and shift on the first floor of the house in question,
declared as a
Further, the petitioner shall remove all her articles from
the date
on
the proceedings of the instant case, it is
important to note that husband of the petitioner (respondent No.4) has been
in criminal proceedings initiated against
A, 406, 323 read
, registered at Police Station Civil Lines, Hisar.
rendered by the competent Court under the
at respondent No.4, is purposely
avoiding his presence before the Court, which in fact, defeats the rights of the
It is informed to this Court, that
claimed
Person’, he is still filing various applications before different
authorities/Courts. However, the concerned police authorities are not in a
respondent
No.4, was also dismissed by Coordinate Bench of this Court, vide order dated
he challenged the orders passed by the learned
The Coordinate Bench of this Court, vide order dated
CWP-38095
25.07.2024, had direc
possible efforts to secure the presence of respondent No.4 (Alok).
Furthermore, t
interim order dated 11.09.2024, had
Hisar Range, Hisar
14.05.2015, under Sections 498
1860, registered at Police Station Civil Lines, Hisar,
and a specific directio
hearing.
21.
affidavit of Dr. M. Ravi Kiran, IPS, Additional Director General of Police,
Hisar Range, Hisar
case file. It is informed to this Court
the respondent No.4 (Alok). However, his whereabouts are not traceable.
22.
No.4 is able to pursue the proceedings before
hand, he is not traceable by the Haryana Police. It seems that
formalities have
Court is of the
Director General of Police, Haryana.
23.
independently and the efforts made by the Investigating Officer concerned, in
executing the warrants of arrest against the respondent No.4 (Alok), who has
been declared as a ‘Proclaimed Person’
the District Police concerned, to make all endeavours and take all requisite
steps, to effect the warran
095-2018 (O&M)
25.07.2024, had directed the Superintendent of Police, Hisar, to make all
possible efforts to secure the presence of respondent No.4 (Alok).
Furthermore, the Coordinate Bench of this Court, earlier
order dated 11.09.2024, had directed the
Hisar Range, Hisar, to entrust the investigation of FIR No.382 dated
14.05.2015, under Sections 498-A, 406, 323 read with Section 34 of IPC,
registered at Police Station Civil Lines, Hisar,
and a specific direction was given to file a status report, on the next date of
In deference to the directions (supra)
affidavit of Dr. M. Ravi Kiran, IPS, Additional Director General of Police,
Hisar Range, Hisar, has been filed, which is
It is informed to this Court that all efforts
the respondent No.4 (Alok). However, his whereabouts are not traceable.
This Court has failed to understand that
able to pursue the proceedings before
he is not traceable by the Haryana Police. It seems that
formalities have been done by filing the affidavit (supra)
Court is of the considered opinion that the instant matter requires attention of
Director General of Police, Haryana.
Let the Director General of Police, Haryana,
independently and the efforts made by the Investigating Officer concerned, in
cuting the warrants of arrest against the respondent No.4 (Alok), who has
been declared as a ‘Proclaimed Person’, and pass adjudicatory directions upon
the District Police concerned, to make all endeavours and take all requisite
steps, to effect the warrants of arrest against the respondent No.4.
15
ted the Superintendent of Police, Hisar, to make all
possible efforts to secure the presence of respondent No.4 (Alok).
he Coordinate Bench of this Court, earlier by drawing an
directed the Inspector General of Police,
, to entrust the investigation of FIR No.382 dated
A, 406, 323 read with Section 34 of IPC,
registered at Police Station Civil Lines, Hisar, to some senior officer,
n was given to file a status report, on the next date of
In deference to the directions (supra), status report by way of
affidavit of Dr. M. Ravi Kiran, IPS, Additional Director General of Police,
, has been filed, which is on record and tagged with the
that all efforts have been made to arrest
the respondent No.4 (Alok). However, his whereabouts are not traceable.
This Court has failed to understand that on one hand, respondent
able to pursue the proceedings before various Courts, and on the other
he is not traceable by the Haryana Police. It seems that mere paper
been done by filing the affidavit (supra). Therefore, this
considered opinion that the instant matter requires attention of
Let the Director General of Police, Haryana, to examine the issue
independently and the efforts made by the Investigating Officer concerned, in
cuting the warrants of arrest against the respondent No.4 (Alok), who has
, and pass adjudicatory directions upon
the District Police concerned, to make all endeavours and take all requisite
ts of arrest against the respondent No.4.
ted the Superintendent of Police, Hisar, to make all
possible efforts to secure the presence of respondent No.4 (Alok).
by drawing an
l of Police,
, to entrust the investigation of FIR No.382 dated
A, 406, 323 read with Section 34 of IPC,
to some senior officer,
n was given to file a status report, on the next date of
, status report by way of
affidavit of Dr. M. Ravi Kiran, IPS, Additional Director General of Police,
on record and tagged with the
have been made to arrest
respondent
on the other
mere paper
. Therefore, this
considered opinion that the instant matter requires attention of
examine the issue
independently and the efforts made by the Investigating Officer concerned, in
cuting the warrants of arrest against the respondent No.4 (Alok), who has
, and pass adjudicatory directions upon
the District Police concerned, to make all endeavours and take all requisite
CWP-38095
24.
21.11.2025.
25.
disposed of.
26.
October 01, 2025
Manpreet
095-2018 (O&M)
The compliance report in this regard, be filed before this Court on
21.11.2025.
With the aforesaid observation, the instant writ petition is
disposed of.
Pending applications, if any, stands dispo
, 2025
Whether speaking/reasoned
Whether reportable
16
The compliance report in this regard, be filed before this Court on
With the aforesaid observation, the instant writ petition is
Pending applications, if any, stands disposed of accordingly.
(KULDEEP TIWARI)
JUDGE
: Yes/No
: Yes/No
The compliance report in this regard, be filed before this Court on
With the aforesaid observation, the instant writ petition is
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