eng
competition

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created Oct 20th 2020, 14:51 by VikasChandra


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ASHOK BHUSHAN, J.
VERSUS
J UDGMENT
 APPELLANT(S)
RESPONDENT(S)
  Leave granted.
2. This appeal raises important questions of law pertaining to the interpretation and working of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Act, 2005").
3. This appeal has been filed by Satish Chander Ahuja, the plaintiff questioning the judgment of Delhi High Court dated 18.12.2019 in RFA No.381/2019 by which judgment Delhi High Court has set aside the decree granted in favour of the plaintiff dated 08.04.2019
under Order XII Rule 6 of Civil Procedure Code, decreeing the suit filed by the plaintiff for mandatory and permanent injunction. The High Court after setting aside the decree of the Trial Court has remanded the matter back to the Trial Court for fresh adjudication in accordance with the directions given by the High Court. The plaintiff aggrieved by the judgment of the High Court has come up in this appeal.
4. We may notice the brief facts of the case and relevant pleadings of the parties for determining the questions which have arisen for consideration in this appeal.
5. The appellant by deed dated 12.01.1983 purchased property bearing No.D-1077, New Friends Colony, New Delhi. The son of the appellant, Raveen Ahuja was married to the respondent, Sneha Ahuja on 04.03.1995. After marriage the respondent started living in the first floor of the house No.D-1077, Friends Colony, New Delhi along with her husband. There being marital
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discord between Raveen and Sneha, in July, 2014, Raveen moved out of the first floor and started staying in the guest room of the ground floor. In the year 2004 a separate kitchen was started by the respondent in the first floor of the house. Raveen, the husband of the respondent filed a Divorce Petition on 28.11.2014 under Section 13(1)(ia) and (iii) of Hindu Marriage Act, 1955 for decree of divorce on the ground of cruelty against the respondent, Sneha Ahuja which proceeding is said to be still pending. The respondent, Sneha Ahuja, on 20.11.2015, i.e., after filing of the Divorce Petition, filed an application under Section 12 of Act, 2005 impleading Raveen Ahuja as respondent No.1, Shri Satish Ahuja, respondent No.2 and Dr. Prem Kanta Ahuja(mother- in-law of the respondent), respondent No.3. In the complaint it was alleged that Sneha Ahuja has been subjected to severe emotional and mental abuse by the respondents. In the application respondent prayed for several orders under Act, 2005. The learned Chief Metropolitan Magistrate before whom the complaint was
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filed passed an interim order on 26.11.2016 to the following effect:
"The respondents shall not alienate the alleged shared household nor would they dispossess the complainant or their children from the same without Orders of a Competent Court. These directions shall continue till next date."
6. The appellant filed a Suit No.792/2017 impleading the respondent as sole-defendant for mandatory and permanent injunction and also for recovery of damages/mesne profit. Plaintiff’s case in the suit was that he is a senior citizen of 76 years old, the defendant is in occupation of two bed rooms with attached dressing and bath rooms and a kitchen on the first floor of the property bearing No. D-1077, New Friends Colony, New Delhi. Plaintiff pleaded that he is a heart patient and has undergone angioplasty twice and suffers from hypertension and high blood pressure. Plaintiff pleads that the defendant has filed false and frivolous cases against the plaintiff and his wife and hence he prays for removal of the defendant from the
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