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Roshni B.. (For justice and dignity)     31 January 2012

Woman can't be evicted from hubby's house on mere allegation



New Delhi, Jan 31 (PTI) A woman cannot be denied her right to residence in the house of her in-laws or husband, under the law against domestic violence, on mere allegation that she is having an extra-marital affair, a Delhi court has observed

 

"Simply because petition for divorce is filed by one against the spouse and the husband alleges that his wife has relations with another person, the wife does not become disentitled to right of residence, when such allegation is yet to be established," Additional Sessions Judge Narinder Kumar said. The court made the observation while securing the right of residence of a woman, working in a private university, in her husband's rented accommodation. It found no merit in the man's contention that his wife had no right to live in the property owned by his grandfather where they stayed after marriage as he has already filed a divorce petition against her as she was allegedly having an affair with another man. The court made the observation while hearing central Delhi resident Yash Kapoor's petition against a magisterial court order.

 

https://ibnlive.in.com/generalnewsfeed/news/woman-cant-be-evicted-from-hubbys-house-on-mere-allegations/958351.html



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 3 Replies


(Guest)

 

"domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family

" Aggrieved person" is defined in clause (a) of section 2 of the Act. The same reads as under:-

" aggrieved person" means any woman who is , or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.

From the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family.

Dr J C Vashista (Advocate)     02 February 2012

Wife is entitled for a shared accommodation with husband under PWADV Act and NOT with in-laws. Soon after divorce she looses this right also.

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(Guest)

@ For Justice & Dignity

25-year-old from Thane and her paramour hired the son of a civic poll contestant for Rs 1 lakh to kill the victim

Wife arrested for man's supari killing
By: Vinay Dalvi Date:  2012-02-02 Place: Mumbai

A 10-year-long marriage ends in tragedy, as the 30-year-old husband is found dead on isolated grounds with injury marks over the body. Friends and relatives naturally sympathise with the young widow. That is till her actual role in the denouement comes to the fore. Cops from Ulhasnagar crime branch have arrested a 25-year-old woman who hired a hit man to get her spouse killed. To mislead the police, she filed a complaint claiming her husband had gone missing and later got a murder case lodged against unknown persons after the body was found. 


Shivaji Nagar police had recovered the corpse of an unknown person with injury marks all over at Ambernath MIDC area on January 29. They immediately started checking all the missing complaints and learnt that a 30-year-old who was an electrician and a resident of Manish Nagar in Ulhasnagar was missing and a complaint had been lodged by his wife at Central police station.

"When the wife Preeti Krishnachand Mishra (25), was called she identified the body as that of her husband Krishnachand," said Machindra Chavan, senior police inspector of Ulhasnagar crime branch.

In further investigations, police started questioning Preeti who frequently changed her statements.

"When we inquired about Preeti from her neighbours they told us that some people had seen her roaming
around with a 22-year-old youth Jishan Munnar Shaikh, a student of BCom third year," said Chavan.

"Shaikh was then summoned by the Crime Branch and during questioning he broke down and accepted that he and Preeti had given a supari of Rs 1 lakh to one Akshay Suresh Gaikwad to kill Krishnachand," said Milind Bharambe, additional commissioner of police (crime), Thane.

Akshay's father Suresh Gaikwad is an ex-corporator and is now contesting municipal elections from Ulhasnagar on a Congress ticket.

Akshay, along with aides Jaysingh Mudaliyar and Damodar Hadalke met Krishnachand on January 28. They drank wine at Bittu Bar in Ulhasnagar and later went to the MIDC area, where the trio stabbed Krishnachand at an isolated place and killed him.

"Preeti had sold all her jewellery to arrange the contract killing of her husband. Preeti was in love with Jishan and was bored with her 10-year-old relationship with her husband who had started drinking," said Meghshyam Dange, police inspector of crime branch.

The miscreants were arrested yesterday and are in police custody.

Source : Mid-day, Mumbai


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