A Single Judge Bench of Hon'ble Justice Prathiba M Singh of Delhi High Court has in the case of Aarti Sharma & Anr v. Ganga Saran, made it absolutely clear that the provisions of Domestic Violence Act, being social welfare legislation, cannot be used by a son as a ploy to either claim a right in his father’s property or to retain possession of the same on the strength of his wife’s right of residence.
Factual Background
The present second appeal has been filed challenging the impugned Order passed by the ld. ADJ (North-east), Karkardooma Courts, Delhi arising out of the initial order of the Trial Court. The trial court had allowed the application under Order 12 Rule 6 of the CPC and decreed the suit. The First Appellate Court dismissed the appeal challenging the said judgment/decree passed by the Trial Court.
The background of the case is that the father had filed a suit against his son and daughter-in-law seeking a decree of Permanent injunction against them thereby restraining them from disposing-off the suit property. It was thus his case that being the owner of the property, a permanent injunction was sought in view of various disputes between him and the defendants being his son and daughter-in-law.
On the other hand, it was the case of the defendants that the property in question was purchased from the joint family fund and that it was generated out of the sale of the earlier property, to which he had a right, something which does not exclusively belong to the father.
Reasoning and Decision of the Court
While holding that the reliance by the Trial Court as well as the First Appellate Court on the judgment in S.R. Batra v. Smt. Taruna Batra was misplaced, the Court observed that,
"The present is a civil suit filed by the father against his son and daughter-in-law, between whom there is no marital discord or estrangement. The father is merely seeking to evict both his son and daughter-in-law, on the strength of his ownership of the suit property.”
While reflecting on the collusion between the Wife and the Husband, the Court noted that,
"this is not a suit where the daughter-in-law pleads and claims the right of residence, against the father-in-law, independent of her claims against her own husband. In fact, there are no claims against the husband whatsoever. The husband is a co-Appellant in this appeal, and was a co-Defendant before the Trial Court, who the Plaintiff wanted to evict.”
Further reflecting on the object of DV Act and its misuse the Court opined that,
"While the DV Act is social welfare legislation granting protection to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a dispute under the DV Act. The same ought not to be allowed to happen, as it may cause unintended misuse of the provisions of the said Act creating turmoil within families, especially when there is no matrimonial dispute whatsoever between husband and the wife, i.e., son and daughter-in-law. The provisions of the DV Act cannot be used as a ploy by the son, to either claim a right in his father’s property or continue to retain possession of the father’s property, on the strength of his wife’s right of residence. A civil dispute relating to ownership of property cannot be converted, in this manner, into a case under the DV Act, as the same would amount to be an abuse of the beneficial provisions of the DV Act, by stretching it over and beyond its purpose and ambit.”
HELD
The Court held that,
"the judgments of the Trial Court and the First Appellate Court do not warrant interference in these proceedings. However, insofar as the reliance on the judgment in SR Batra (supra) is concerned, it is clear that the said judgment is not applicable to the facts of the case, and has in any case been overruled by the judgment in Satish Chandra Ahuja (supra). The reliance on the said judgment was uncalled for both by the Trial Court as well as the Appellate Court.”
Case Details
Case Name: Aarti Sharma & Anr v. Ganga Saran
Case Number: RSA 14/2021 & CM APPLs. 3964/2021, 3966/2021, 21708/2021
Bench: Hon'ble Justice Prathiba M Singh
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