Domestic Violence Act Cannot Be Used As A Ploy By Son To Claim Father’s Property On The Strength Of Wife’s Right Of Residence: Delhi HC

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Domestic Violence Act Cannot Be Used As A Ploy By Son To Claim Father’s Property On The Strength Of Wife’s Right Of Residence

Case: Aarti Sharma & Anr V. Ganga Saran

Coram: Justice Pratibha Singh

Case No: RSA 14 of 2021

Court Observation: “The provisions of the DV Act cannot be used as a ploy by the son, to either claim a right in his father’s property or continue to retain possession of the father’s property, on the strength of his wife’s right of residence.” “A civil dispute relating to ownership of property cannot be converted, in this manner, into a case under the DV Act, as the same would amount to be an abuse of the beneficial provisions of the DV Act, by stretching it over and beyond its purpose and ambit.”

“These pleas are very generalized in nature, and clearly appear to be pleas which are taken to highlight the domestic problem within the family members rather than to set up a case under the DV Act. Admittedly, there are no complaints that have been preferred against the father-in-law and there are no cases filed or pending under the DV Act, or any other legislation at the instance of the daughter-in-law,”

“While the DV Act is a social welfare legislation granting protection to women who are victims of domestic violence, every dispute amongst family members cannot be converted into a dispute under the DV Act. The same ought not to be allowed to happen, as it may cause unintended misuse of the provisions of the said Act creating turmoil within families, especially when there is no matrimonial dispute whatsoever between husband and the wife, i.e., son and daughter-in-law,”

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