In DV case, prima facia the elements of DV has been found by the Hon’ble JMFC and the JMFC passed interim order allowing 10000/- for interim maintenance and 6500/- towards interim rent and further passed injunction restraining the respondents from alienating or encumbering the shared-household
In appeal filed by the Respondents before the Hon’ble District Court, the Advocate of the Respondents argued that the section 19 of the DV Act deals with right to residence which means right of possession and because the wife has been given the Rent hence she is not entitled for the injunction restraining the respondents to sell the house
hence, I need guidance
- Whether the Reliefs under Section 19(1)(a) to (f) are alternate to each other in such a way that that if an aggrieved woman pray for the alternate accommodation then she cannot claim for the injunction to restrain the husband from selling and/or encumbering the shared-household
- Whether the aggrieved wife is not entitled for both the reliefs simultaneously rent for separate/alternate accommodation and injunction in respect of the shared household
HARIOM
