Daughter-in-law to get alternate house and compensation under DV Act where mother-in-law sold subject property
Shachi Mahajan Vs Santosh Mahajan
Crl. MC No. 1868 of 2016
About/from the judgment:
The High Court ordered mother-in-law of the petitioner to provide her an alternate accommodation and compensation under provisions of Protection of Women from Domestic Violence Act, 2005.
Petitioner and her husband lived together in the property which is subject matter in this case. In 2012, the husband left the matrimonial house and the respondent (mother-in-law) directed the petitioner to leave the house. She is alleged to have filed a suit for permanent injunction after which the litigation story began. After several litigations, the Metropolitan Magistrate passed a residence order in favour of the petitioner. It was alleged that the order was not complied with and moreover the mother-in-law sold the subject property to a third party while the matter was still pending adjudication before the court.
Rajeev Ranjan Pandey, Advocate submitted on behalf of the petitioner that the respondent was liable to be prosecuted for breach of court orders.
The High Court referred to Section 12, 19, 20 and 31 of the DV Act. It was noted that the subject property was sold for Rs 3,40,00,000. It was also noted that there was no order restraining the mother-in-law from selling the property and as such she could not be penalised under Section 31 which prescribe punishment for breach of court orders. In such situation, the Court balanced the corresponding rights of the parties by directing the mother-in-law to provide an alternate accommodation in a property similar in nature in the same locality. Interim compensation of Rs 75,000 was also directed to be paid while pendency of proceedings Section 20 before the trial court. Furthermore, 1/6th of the sale consideration received was directed to be deposited with the trial court. The petition was disposed of in such terms.
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