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Mr. Rajendra Chaturvedi.

...For the respondent no.5.

Mr. Piyush Chaturbedi, Mr. Debasish Purkait.

...For the respondent no.6.

The dispute raised in the writ application to say the least is multifarious and traverse across the rights and contentions of the petitioner against her ex-husband and a stepson, who has been gifted the property in a Co-operative Housing Society.

The petitioner lady is in possession of the property, which admittedly has been gifted by her ex-husband to her stepson. The wife has challenged the allegedly clandestine gift of the said property to the respondent no.6, stepson and has claimed a right to stay in the property.

She has instituted a proceeding under Section 125 of the Code of Criminal Procedure and has obtained orders thereunder. She has also suffered an ex parte decree of divorce. The Society, in accordance with law, has transferred the Membership of the flat from the original husband to the respondent no.6, namely, stepson.

The law as laid down under the 2006 Act is explicit and clear. It is only a member, who is entitled to stay in the property or a unit in a Housing Society.

The other admitted facts are that the wife has also filed a civil suit being Title Suit No. 766 of 2017 now pending before the learned Civil Judge (Junior Division), 1st Court at Barasat. The said suit has been filed against the husband in which it has been pleaded that the husband has clandestinely gifted the property to the stepson, namely, the respondent no.6 herein. The said respondent no.6 has, however, not been impleaded as party respondent in the said suit. The petitioner is enjoying an order of injunction in the said suit.