Supriya Jain V.docx

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.