File appeal in SC against HC order granting stay
order granting stay would be set aside by SC
High court stayed appeal allowed by session court for interim residence right u/s 19 &23 PWDV Act
I had earlier sought opinion on kanoon regarding my complaint in a Delhi court for securing interim residence order till final disposal of case . The home where i seek residence in only part property till final disposal i,.e.only one room and attached bathroom and shared kitchen is owned by my deceased husband who expired in 2005 . In that house my husband elder brothers family lives . Since I was in army service i was always posted outside Delhi except for just 3 years in beginning i could not protect my rights against this family of invaders. After my husband expired when I was posted outstation , i was not informed neither my mayaka in Delhi. Surreptitiously a will was produced in favor of the husbands 2 minor nephews and got probated in suspicious manner. I came to know and got probate revoked by tis hazari Delhi court with strict observations by judge.Now the alleged will is under test in civil court in rohini for probate along with my petition to declare null forged and void and eviction order .This case is to take lot of time Meanwhile I retired in 2015 and wanted to occupy house since i am only class 1 legal heir surviving and widow and those people have no title of any kind except for a will paper which once lost probate and is still under test and a piece of paper.So i filed complaint under PWDVA section 18,19 for residence right and also filed interim residence application in part of apartment till disposal under section 23. The family court magistrate rejected my application which i challenged to sessions court who allowed my application and set aside rejection by lower court laying down clearly that i was legal heir and it was my house now being my husbands house and occupants are having no title right and till will is probated they have no right.So i be allowed to stay there in a part sought. The magistrate then gave occupation order and deputed protection officer for implementation. But opposite party has managed to file a Cr revision Petition and git also stay of sessions court and magistrate order. this is shocking .can high court intervene in interim orders of magistrates even in case like residence right which is of top priority and can court give stay order .Also can high-court ignore facts given above ,.There are scores of orders of high courts and supreme court clearly mentioning that a woman who resides even one day in shared /matrimonial home has right of residence. It is also settled that without probate will has no value. Occupants are living rent free with fraud and manipulation in Delhi. I am fed up ad tired . Ball is going form one court to other and back and forth. Even law is clear. How High court judge stayed residence right ? that too interim ? what is legal position of mine ? balance of convenience and legal rights are better in my favour as on date.what should I assert on before honble high court on court intervention interim order, right of residence priority and unprobated will
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
In case any suitable case authority of supreme court or Delhi high court is available kindly quote in context of above matter . Please note I am widow and house belongs to my deceased husband in 2005 .So there was no question to live there with hostile brother in law family and neither allowed.Also being in army always posted out of station since 1995. Retired in 2015 and refused to be allowed in
Asked 7 years ago
sir this is only temporary stay order till hearing. next date is just 15th march by when i will file reply also and press for immediate arguments same day.Since it is temporary stay will it be prudent to go to supreme court or to go if high courts set asides session judge order completely
Asked 7 years ago
File your reply before next date so that court can hear arguments on next date
if high court confirms stay then only appeal before SC
the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.
2)
The high court referred to Section 19 of the Protection of Women from Domestic Violence Act (DV Act) which provides for ‘Residence Orders'. The 'Statement of Objects and Reasons' of the said Act reads-
'This Act seeks to provide for the rights of women to secure housing. It also provides for the right of a woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. This right is secured by a residence order, which is passed by the Magistrate'
The high court has stayed the order of the sessions court and the hc has the power and jurisdiction to do so. The findings of the lower court are relevant here. The stay is temporary and can be vacated at the next hearing.engage a lawyer who will plead your case and get the stay order vacated. The domestic violence case should be filed against them and if they are threatening then a fir should be lodged.
The grounds on which the revision has been filed are relevant the order has been challenged but why and what reasons have been given.
Regards
If high court has passed orders for interim stay, you may file a petition before the same court seeking vacate the stay for the reasons you may rely upon.
Law is common for all hence you may fight out the case on merits.
Since you are the legal heir of your deceased husband and he is reported to have died intestate, you are entitled to acquire the property as his successor in interest.
You have file an eviction petition against him, of so what is the result of that eviction suit?
What is the case pending in high couirt, is it an appeal?
It will be a hasty decision to approach supreme court without the disposal by high court.
Since this is a temporary stay you may file a stay vacate petitioin before same high court and present your arguments to convince the court.
Dear Client,
Stay will extend on next date and if house belongs to your husband, it will inherit in you, his mother and yuor children if any. Brother in law is living illegally.
When court passes interim stay till next date, than sometimes matter dose not reach for hearing or matter adjourns for any reason, And courts have a view until no specific orders to vacate the stay, it will continue and also party can request the court to extend the stay.
You can challenge the same before supreme court and vacate the interim stay given by HC. It is very unfortunate that the interim order was stayed. Other wise you need to wait till the disposal of revision. You can file for circulation an early hearing in this case as matter or urgency before HC.
Circulation is praying for earlier date from HC due to urgency in matter.