Coming to the rescue of a woman who claimed right to residence in her in-laws’ house under the Domestic Violence (DV) Act, the Delhi high court has allowed her plea and permitted her to stay till she finds an alternative accommodation.
Directing the husband to pay `45,000 to his wife as maintenance, the court, however, asked the petitioner woman, Evneet, to look for an alternative house to live once her husband starts paying her the amount within six weeks.
“If the court can look beyond the facts in a given case conclude that the overall conspectus of circumstances suggests manipulation by the husband or his relatives to defeat a right inhering in the wife, to any order under Section 19, such “lifting of the veil” should be resorted to. Therefore, the plaintiff (petitioner Evneet) indeed has a right of residence under the DV Act,” said Justice S. Ravindra Bhat.
While allowing a petition filed by Evneet, who sought an order to reside in the South Extension Part-II house which is claimed to be owned by her mother-in-law under the DV Act, Justice Bhat has directed parties, including her husband Prashant and mother-in-law-Kavita, to appear before the court handling cases under the DV Act for compliance of the order.
The court also disposed of another petition filed by Kavita seeking a direction for eviction.
She claimed to be the sole owner of the property and said her son Prashant and daughter-in-law (Evneet) have no right to reside in the property bequeathed to her by her father.
The court also rejected Kavita’s argument that her son and daughter-in-law have no right of residence in the property which was located in the posh area.