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wonderful   09 February 2019

Interim residence order u/s 19 and section 23 of pwdvact

Dear, sir 

 After retiring frm job out of delhi , i wanted to settle in my late husnds flat in delhi who expired in 2005 and where his elder brothers family lived . I was rfused entry and i saught action u/s 19 of DV Act  and also moved application for interim resdience riht in aportion of flat till final disposal

But magistrate declined . The i preferred appeal i session court and clear cut order was given that i have right to stay there till title to proprty dispuited by occupants and me is settled by another civil court  as i am only class I legal heir of house and also widow and i was maried and mocved to that house .

But i was refsued entry despite protection offcier going with me 

menawhile occupatns surresptiously  managed to apply to delhi hgh court and obtained stay order .

 

That is very shocking.I am fighting for just one relief section 19 under DV act nd 3.5 years are wasted. now high court has become part of delay and expenses 

 

I wish to know under this pecial act can high court  and does it ainterfere specially in matter of right of residence whch is urgent and important piority relief to woman.?

on what grounds this is done? what is remedy.This seems to be endles legal gmae netween courts .I am Fed up

mahendi Kumari ( i am 58 year old now ) I have no other home in delhi to live



Learning

 4 Replies

Shashi Dhara   09 February 2019

U engage advocate to defend on behalf of u for speedy disposal in high court that situation is too critical for u that u have no alternative residence

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 February 2019

There are two aspects in your case.  The first aspect is that under DV Act, you can ask for residential rights and not title to the property.  And another problem that comes in your way is that you have to prima facie prove domestic violence to seek any relief under the Act.  Siblings of your late husband refusal to allow you to enter matrimonial home - amounts to Domestic Violence or not is a debatable question and if it is a debatable question, the courts will take their own time to decide that and you will fed up with protracted litigation.  But a silver line in dark cloud is that if you got interim relief in domestic violence Act, as per the Supreme Court Decision in 2016/2017, the High Court should not give stay order mechanically.  So, you challenge the HC stay order there itself or in S.C.

Next, for declaration and permanent possession of the suit property, you have to file a civil suit and in that you can get interim relief of permission to stay in the property.  That cannot be ruled out.That is the permanent remedy you can get for yourself and your children.  A civil suit with appropriate interim relief applications, you will get desired result.  No doubt, opposite parties might have filed a will showing that your late husband gave away the flat to them or have taken similar pleas.

We are running "Samarpan" legal aid centre in Delhi.  If the people who have no means to contest the cases in Delhi District Courts, Delhi High Court and Supreme Court, we would be pleased to help completely free of cost.  If you are interested and want to avail our services, you are most welcome.  Pick up phone and call us.  If you have already engaged a good and competitive advocate, as a second opinion also you can avail our free consultation, at your convenience.

I hope this will give assurance and flicker of hope.

wonderful   09 February 2019

thanks sir

I have already a suit pending in delhi court for declaring will null and void and eviction  and their probate after beimng recalled by judge once due to suspicous manner is also pending along with it . Since 2006 matter is pemnding  going slowly .Both judgs nd lawyers are casual.

 

Sinc I retired in 2015 i filed DV act section 18,19 and 21 for at least getting a portion of flat .a lso filed together section 23 application for interim  rsidence which we are discussing .i was shocked how high court can ex parte stay session court judgment  that too in residence right. so let me go through supreme court judgment too f your provide reference.

I dont care what they do since they are using rent free my house showing a fake will which looks fake on its face.They could not take probate in 12 years .

kindly elebaorate on supre court judgement 2-016/2017 referred by you so i ca go tjhrough it.

Iam using lawyers form lagal aid cell but not devoted and sincere mostly. I would sure like to meet you too and sek help.thans for offer.you are doing great work sir.I can pay some amount  too.

would like to meet you soonest. so also reply how .

wonderful   09 February 2019

thanks . but the commetn is too simple and obvious .kindly do give some expert advise on issue .as to on what grounds a high court can interfere in resdience of rigth that too under dv act a additinal leglslation for women in distress


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