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Ch 17. Other DV Act judgments
Wife not entitled to her father-in-law residence under DV Act
Wife not entitled to stay in or claim her father-in-law's house using DV Act
Use this judgment when several facts in your case are similar to following\
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Wife has forcibly occupied and living in a house which belongs to your father or mother, and is wholly their self-acquired property
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That house was never a shared household under DV Act.
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She has filed a DV case claiming that house to be shared household and her right to residence in that house under section 19 of DV Act.
SUDHA MISHRA vs SURYA CHANDRA MISHRA - Delhi HC 2014
Important parts of judgment\
14. In this case, overwhelming evidence was produced before the trial court by the respondent that he was the owner of the suit property which was his self acquired property. No evidence has come on record to suggest that the said property was purchased from the joint family funds and the husband of appellant had any share therein, during the life of his father. It has also come on record that husband of appellant is not residing in the suit property along with the appellant. In her affidavit by way of evidence, appellant has deposed that she is residing separately from her husband in one room at the ground floor. No cogent evidence was produced before the trial court nor any such finding has been returned by the trial court that husband of appellant is living in the suit property. Since suit property is self acquired property of the respondent, appellant has no right to continue to occupy the same against the wishes of respondent.
Above judgment of Delhi HC has been upheld by supreme court also.
Supreme Court denies Delhi woman a claim on in-laws' property