Supriya jain v. anshul jain & ors.

17.01.19 present counsel sh. Manish bhisodia for (p) with petition.
(r) no. 1 with the counsel sh. M.T. Malik
Income affidavit has been filed on behalf of petitions as well as (r) 1 copies exchanged in
court custody.
Counsels for both parties prayed for adjournment for going then income affidavit of other
side recorded from other side before leading the arguments on interim application.
However, at this stage, petitioner has prayed from grant of right of residence in flat no.
1102, Tower 9, paras tierra, sector 137, Expressway Noida, up which is allegedly in the name
of (r)1. (r)1 has admitted that property i.e Flat # 1102, paras tierra, sector-137, expressway
Noida, up., is his self acquired property on 12.11.18 for a period of 11 months which is till
octuber, 2019.
However, (r) 1 has further offered to pay 10, 000/- p. month to petitioner in lien of her right
of residence in said property. At this stage, (p) has claimed for grant of relief of rent in lien
of her right to residence in aforesaid flat from date of her alleged dispossession i.e, since
30.10.2015.
Per contra, counsel for (r) has averred that petitioner had voluntarily left their rented
accommodation of sonepat (where in she was residing with (r)1 on 30.12.2015 & has stated
that he has filed communication between (p) & maternal uncle of (r)-1 in support of his
submission by way of CD as well as transcript thereof.
Submission heard. File preserved personal of application u/s 12 of protection of women
from dowry violence act, of (p) shows that she has mentioned therein that respondent no.
1,2,3&4 were mentally & physically harassing her in pursuance of their dowry demands &
on 30.12.2015, her brother & relative rakesh jain had come to her rented accommodations
at sonepat & had taken her from there to her parental home.
Considering the submission of petitioner as well as objections raised by (r) no. 1, the issue
whether (p) is entitled to claim rent @ 10000/- month in lieu of her right of residence from
30.10.2015 or not, can be decided only after evidence on this aspect has been led by both
parties, during the cource of trial of this case & shall be decided accordingly be that as it
may, it is also relevant to point out that the present application u/s 12 of protection of
women from domestic violence act has been filed by petitioner on 20.02.2017 & she had
claimed her right of residence or rent, in lieu, thereof in her application (p) has avrred that
she has been residing in the rented accommodation as (r) had failed to arrange alternate
accommodation for her as he had rented out his self acquired property i.e, flat no. 1102,
tower 1, paras tierra, sector 137, expressway Noida, up, during trial of case.
On inquiry, (r)1 has submitted that he had rented out his property, i.e, Flat #1102, tower 9,
paras tierra sect 137, expressway Noida, up, since 2016 & had not arranged any alternative
accommodation for petitioner till date. Therefore, it appears that the (p) has been denied
her right to reside in house owned by her Husband since filing of this 2 application &
accordingly, (r)1 is directed to pay rent at rate of 10000 per month to the (p) from date of
filing of the case till her residence rights in flat no.1102, tower 9, para tierra sector 137,
expressway Noida, up, are secured by (r)1.
Further, in order to secure residing right of (p) in flat no.1102, tower 9, paras tierra sector
137, expressway Noida, up, I deem it fit to directing (r)1 that he shall not create any fresh
third party interest in aforesaid property or extend the tenancy of aforesaid property after
its expiry in octuber 2019 or dispose off or alienate the aforesaid property in any manner till
disposal of the case. Put up for arguments on interim application on 27.02.2019.
17.02.2019.