Domestic Violence – Shared Household – daughter-in-law has right to reside in the accommodation until her rights are finally decided by the Civil Court.
A. Protection of Women From Domestic Violence Act, 2005, Section 12 – Shared Household
– After marriage wife as a bride had stepped into the house and cohabited and lived together with the husband till he managed to flee a broad – Severed all his links with the wife and the child – Father disinherited the son – No evidence that disinheritance of the son was by any registered document – Mere advertisement and publication in the newspaper cannot be legitimately accepted to be an ct of legal inheritance – Father-in law filed a suit for mandatory injunction for eviction of the daughter-in-law and which is still pending – Held that right of daughter-in-law to reside in the accommodation would be there until her rights are finally decided by the Civil Court – No interference with the order.
[Paras 5 to 7]
B. Protection of Women From Domestic Violence Act, 2005, Section 12 – Shared Household
– Remedy of right to residence is a revolutionary and path breaking step taken to further the objects of the Act – Attempt at restricting the scope of the remedy would reduce the effectiveness of the Act itself -Daughter-in-law to reside in the accommodation would be there until her rights are finally decided by the Civil Court.
In Another Case:
Protection of Women From Domestic Violence Act, 2005 Sections 26, 19, 17 Provincial Small Cause Courts Act, 1887 Section 15 Civil Procedure Code, Order 8, Rule 6A -Daughter-in-law in living the flat of her father-in-law – Father-in-law filed suit for possession before Small Causes Court – Daughter-in-law can file counter claim seeking right of residence under Domestic Violence Act – Counter claim is maintainable –
ON FACTS:-
Wife along with husband residing in a flat belonging to her father-in-law – Husband left the flat and starting residing with parents – Father-in-law filed suit before Small Causes Court seeking direction that daughter-in-law stopped from use and occupation flat – Daughter-in-law filed counter claim that she has been subjected to domestic violence and prayed for an order of residence in the flat under section 19 of Domestic Violence Act, 2005 – Counter claim whether maintainable – (Yes) – Held:-
(1) The Judge, Small Causes Court is a civil court – On the strength of section 26 of Domestic Violence Act any relief available under Sections 18 to 22 of Act, 2005, can also be sought by the aggrieved person.
