Can documentary proof be submitted at the stage of final argument
DV victimmmm
(Querist) 08 February 2013
This query is : Resolved
Dear experts,
The final argument of the DV case filed by my wife is going on.My wife's lawyer asked for residence order in the home which belongs to my mother.Till date wife was asking for separate house, now suddenly this demand is made. The house where I am living right now belongs to my mother and my wife never lived there after marriage. We both were staying in a different city in a rented house till wife left me. I want to submit sales deed of the house as a proof so that wife does not get a residance order in my mother's house. Can I submit it now when evidance stage is over? Argument from my side is scheduled in next week.Kindly advice me about this.Thanks
Adv.R.P.Chugh
(Expert) 08 February 2013
Yes. You can always move an application u/s 151 CPC, or in any case if 151 is not attracted, Magistrate under DV Act is empowered to devise his own procedure insofar as is necessary to do justice. They should not have been allowed to change their stand belatedly and if they have - it is but fair that you are given a chance to lead additional evidence.
Do Read the decision in Velusamy vs PaLanisamy (2011) SC
Good Luck !
Arvind Singh Chauhan
(Expert) 08 February 2013
You will have to provide residence/ space to your wife where you are living this time even in your mother's house or a rented house.
DV victimmmm
(Querist) 09 February 2013
Thanks a lot for ur replies Chugh Sir and Arvind Sir.
Actually wife wants to come back now as her inetrim maintenace was rejected by the court and she could not proove any of her alleagtions. So she changed her stand fearing that she may not get any relief from the court.
As far as I know, as per Hon. SC judgemet, woman can not be allowed residence in mother in law's house. So how can the Hon court allow her residence in my mother's house? could you please clarify this ? Thanks
ajay sethi
(Expert) 09 February 2013
wife has right to stay in matrimonal home . it would be place wherein you last resided together as husband and wife . since fat belongs to mother in law wife cannot claim right for resoidence in said flat
ajay sethi
(Expert) 09 February 2013
Delhi High Court
Shumita Didi Sandhu vs Sanjay Singh Sandhu & Others on 26 October, 2010
Author: Badar Durrez Ahmed
THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.10.2010 + FAO (OS) 341/2007
SHUMITA DIDI SANDHU ..... Appellant versus
SANJAY SINGH SANDHU & OTHERS ..... Respondents Advocates who appeared in this case:
For the Appellant : Mr Akhil Sibal with Mr Salim Inamdar For the Respondents : Mr Chetan Shrma, Sr Advocate with Mr S.S. Jauhar and Mr P.K. Dey
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MS JUSTICE VEENA BIRBAL
Supreme Court decision in the case of S.R. Batra v. Taruna Batra: 2007 (3) SCC 169, he observed that the ratio of the said Supreme Court decision was clearly that the daughter-in-law has no legal right to stay in the house which belongs to her parents-in-law. The learned single Judge observed that the legal position which emerged was that the husband had a legal and moral obligation to provide residence to his wife and, therefore, the wife was entitled to claim a right of residence against her husband. He further observed that if the house in question where she lived after marriage belonged to her husband, the same could certainly be treated as a matrimonial home. Furthermore, if the house in question belonged to a Hindu undivided family in which her husband was a co-parcener, even that house could be termed as a matrimonial house. But, where the house belonged to the parents-in-law in which the husband had no right, title or interest and the parents-in-law had merely allowed their son alongwith the daughter-in-law to stay in the said house, it would amount to mere permissive possession on the part of the daughter-in-law and would not give her any right to stay in the said house inasmuch as the same would not be her matrimonial home.
DV victimmmm
(Querist) 09 February 2013
Thanks a lot Sethi Sir.
ajay sethi
(Expert) 09 February 2013
thanks for your appreciation
Raj Kumar Makkad
(Expert) 10 February 2013
You can lead even additional evidence by getting the permission of the court. Your application seeking additional evidence can be got allowed on the basis of the changed stand of your wife which you should mention in that application.
DV victimmmm
(Querist) 10 February 2013
Thanks a lot Makkad sir.
