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1 - 10 of 11 (0.77 seconds)The Protection of Women from Domestic Violence Act, 2005
Sunny Paul & Anr. vs State Nct Of Delhi & Ors. on 15 March, 2017
5.6 The decision in Sunny Paul (supra) is not applicable to the facts and
circumstances of the present case.
Smt. Saraswati Devi vs Sh. Ganga Ram Sharma & Anr. on 10 April, 2023
Furthermore, this
Court, in Smt. Saraswati Devi v. Sh. Ganga Ram Sharma & Anr.,9 has
categorically held that in cases involving competing claims under the Senior
Citizens Act and DV Act, the Court has to balance between the rights of
both the parties. Therefore, in light of Respondent No. 2's right to shared
household, she cannot be evicted from the Subject Property under the Senior
Citizens Act.
Darshna vs Govt Of Nct Of Delhi & Ors on 3 October, 2018
(iii). Darshna Vs. Govt. ofNCT of Delhi.
Article 226 in Constitution of India [Constitution]
Uttam vs Saubhag Singh & Ors on 2 March, 2016
11. Additionally, the District Magistrate relied upon the Supreme Court
judgement of Uttam v. Saubhag Singh and Ors.,12 and observed that since
the Subject Property was a self-acquired property of Late Mr. Krishna Ram
Bali and not an ancestral property, Respondent No. 1 could not lay any
claim over the same. Therefore, the District Magistrate correctly decided on
the Petitioner's title over the Subject Property. While the Respondents have
relied on a Will to claim that the Petitioner was debarred from the Subject
Property, in the opinion of the Court, their claim of ownership based on an
12
(2016) 4 SCC 68.
Section 12 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
Seema Bansal vs Durga Dass Bansal & Ors on 28 September, 2021
5.5 The Subject Property constitutes the matrimonial home and 'shared
household' of Respondent No. 2 within the meaning of the DV Act. As per
the judgment of this Court in Smt. Seema Bansal v. Shri Durga Dass
Bansal,8 the daughter-in-law cannot be evicted from her shared household,
except in accordance with procedure established by law.
Abhishek Grover vs Divisional Commissioner Delhi & Ors on 27 September, 2023
the property can be self-acquired, ancestral, or a property in which the senior
citizens have any rights or interests. As observed by this Court in Abhishek
Grover v. Divisional Commissioner Delhi & Ors.,10 mandating a conclusive
determination of title in favour of the senior citizens, for the purpose of
seeking eviction of the occupants, would dilute the very spirit and objective
of the Senior Citizens Act, which is designed to provide immediate and
effective relief to senior citizens.