Dear sir
My relation Lt Col (retired) form army in 2015 august.before retirement she gave notice to her deceased husbands brother resisinding in her matrimonila home owned by her deceased husband to wither fully vacate the house or vacate one room and attached bathroom as she had no other home in Delhi .
She then filed application u/s 19 right of rsidence to delhi magistrate . She also filed interim order application to order one roomand bath room to her pending final outcome of DVC complaint.
The brothers family is clinging to home to grab it and had produced a will allegedly made by her late husband in favour of borthers children .This will is fake .
Once after death in 2006 they managed to get probate surreptuiously by manipulation .But the lady got probate recalled. Now will is under test as civil case in another delhi ADJ court.IT is unlikely that will shall be got probated.
A lady who is de facto dejure owner and only surviving sigle heir to decesed husband cum owner of flat is on raods for 3 years while his borthers family is ejnjoying rent free accomodation since 12 years showing unprobated will. Under challneg in court
The interim order was rejected and the section 19 of SDVC does not eleaborate on such situations. Right of resdience is supreme right and cannot be denied to a lady who is being prevented to enter her own home and matriomnial home both .Until will is probated it is piece of paper.
aggrieved the lady filed revision in high court u/s 482 crpc (inherent poer of court ) so that necessary legal imnterpretation could be made a guideline be set under such cases. DV act is not so developed yet. .But now new judge is questioning maintainability saying she should have gone to session judge ,after sitting on file for 20 months delaying her natter
Is there any law or case law where a high court has entertained interim order of a magistrate under special laws in interest of justice and prevent duther suffering of l;ady victim .
if there is any such case law kindly quote the reference
