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DV Act dispute between husband-wife tenants landlord who is entitled to eviction decree can’t be made to suffer

ITEM NO.4 Court 12 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2939/2022 (Arising out of impugned final judgment and order dated 13-05-2021 in RFA No. 2/2021 passed by the High Court Of Delhi At New Delhi)

ARCHANA GOINDI KHANDELWAL Petitioner(s)

VERSUS

RAJESH BALKRISHNAN MENON & ORS. Respondent(s)

(FOR ADMISSION and I.R.)
Date : 04-03-2022 This petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE M.R. SHAH
HON’BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. V.K. Anand, Adv. Mr. Ravi Kumar Tomar, AOR
For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

We are in complete agreement with the view taken by the High Court. In a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer. The dispute between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to. If the wife has any grievance against the husband, may be in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy which may be available to her against the husband.

The Special Leave Petition stands dismissed.

(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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