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| Woman not to claim rights in property not owned by husband | | |
New Delhi, Jan 7
A Delhi Court has restrained a woman from claiming the right to
live in a property owned by her in-laws in which her husband has no share.
The order was passed by Metropolitan Magistrate Amit Bansal while hearing the
application of the woman under the recently enacted Domestic Violence (Prvention)
Act by which she had sought a direction for her in-laws not to evict her from the
house where she was living with her husband.
In an interin order, the court said the house which was in the name of her
father-in-law and brother-in-law cannot be termed as "shared household" under the
Act to grant her the right to stay in it.
"As the husband is not the owner of the property, therefore, that cannot be termed as
shared household property," the court said.
The court, however, said as the woman was in the possession of the property, the
respondents (husband and others) would not dispossess her without due process of
law.
One Shalu Bansal of Rohini in west Delhi had pleaded that her husband and in-laws
be restrained from committing acts of violence against her and dispossessing her of a
shared household.
"In case of dispossession of the complainant from the house by the respondents with
due process of law, the husband Nitin Bansal is directed to give her maintenance
(rent for alertnative accomodation) at the rate of Rs 4000 per month," the court said.
The order vacated an earlier direction of Metropolitan Magistrate D K Jangala who
had restrained the husband and in-laws from dispossessing the complainant of their
house.
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