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.