Latest news with #ManishBhadauria
Hindustan Times
23-07-2025
- Hindustan Times
Delhi court allows widow to stay in matrimonial home years after in-laws threw her out
Delhi's Karkardooma court has recently, in a Protection of Women from Domestic Violence Act case, granted liberty to a widow to reside in the matrimonial home along with her minor child. This house was shared by the in-laws and the woman along with her husband when he was alive. Judicial Magistrate of First Class (JMFC-Mahila Court) Sonika on July 19, 2025, granted liberty to the complainant woman to reside in the matrimonial shared household along with her minor child.(Pexel/Representative) She was allegedly thrown out of the matrimonial house in 2018. Her husband expired in November 2015. She alleged physical assault and demand for dowry by the in-laws. Judicial Magistrate of First Class (JMFC-Mahila Court) Sonika on July 19, 2025, granted liberty to the complainant woman to reside in the matrimonial shared household along with her minor child. The court ordered, "Thus, the petitioner is at liberty to reside alongwith her minor child in the aforesaid shared household and the respondents are hereby restrained from dispossessing the petitioner without due process of law." However, the court has declined to grant maintenance from her in-laws in the absence of any property or business jointly owned by her husband and other in-laws. While dealing with the issue of maintenance, the court observed that the petitioner had not placed any document to show that any of the respondents had any joint property/business with the deceased husband of the complainant. "In the absence of any joint/coparcenary property, the respondents cannot be burdened with the liability to maintain the petitioner," JMFC said in the order passed on July 19. The court also noted that the prayer of maintenance was not preferred in the application for residence. Advocate Manish Bhadauria, counsel for the complainant, submitted that in August 2018, the respondents threw the petitioner out of the shared household in wearing clothes. "Thus, it is prayed that the present application be allowed and the petitioner be granted the relief of maintenance and residence," counsel prayed. On the other hand, advocate Praveen Goswami, counsel for respondents, submitted that no cruelty was ever committed by respondents. It was further submitted that the petitioner had not specified any date or time when she was harassed by any of the respondents, and the allegations levelled in the petition as well as the present application are omnibus and general in nature.
NDTV
23-07-2025
- NDTV
'Can Stay In Matrimonial Home': Court Relief For Widow Thrown Out By In-Laws
New Delhi: Delhi's Karkardooma court has recently, in a Protection of Women from Domestic Violence Act case, granted liberty to a widow to reside in the matrimonial home along with her minor child. This house was shared by the in-laws and the woman, along with her husband when he was alive. She was allegedly thrown out of the matrimonial house in 2018, nearly three years after her husband died in November 2015. She alleged physical assault and demand for dowry by the in-laws. Judicial Magistrate of First Class (JMFC-Mahila Court) Sonika on July 19, 2025, granted liberty to the complainant woman to reside in the matrimonial shared household along with her minor child. The court ordered, "Thus, the petitioner is at liberty to reside along with her minor child in the aforesaid shared household and the respondents are hereby restrained from dispossessing the petitioner without due process of law." However, the court has declined to grant maintenance from her in-laws in the absence of any property or business jointly owned by her husband and other in-laws. While dealing with the issue of maintenance, the court observed that the petitioner had not placed any document to show that any of the respondents had any joint property/business with the husband of the complainant. "In the absence of any joint/coparcenary property, the respondents cannot be burdened with the liability to maintain the petitioner," JMFC said in the order passed on July 19. The court also noted that the prayer of maintenance was not preferred in the application for residence. Advocate Manish Bhadauria, counsel for the complainant, submitted that in August 2018, the respondents threw the petitioner out of the shared household. "Thus, it is prayed that the present application be allowed and the petitioner be granted the relief of maintenance and residence," counsel prayed. On the other hand, advocate Praveen Goswami, counsel for respondents, submitted that no cruelty was ever committed by respondents. It was further submitted that the petitioner had not specified any date or time when she was harassed by any of the respondents, and the allegations levelled in the petition as well as the present application, are general in nature.
Time of India
23-07-2025
- Time of India
Court rules widow with minor child can stay in matrimonial home, restrains in-laws from eviction
New Delhi: Observing that a married woman is entitled to reside with her minor child in the matrimonial home of her deceased husband, a Delhi court has restrained her in-laws from evicting her without following due process of law. In an order dated July 19, court of Judicial Magistrate First Class Sonika recognised the property as the woman's shared household and ruled that she is free to reside there with her minor child. The woman had approached the court seeking protection and relief after being allegedly mistreated and thrown out by her in-laws. The couple had married in 2011, and her husband passed away in 2015. After her husband's death, the woman alleged that her in-laws treated her cruelly, neglected her care, and forcibly evicted her and her child from the home. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi Advocate Manish Bhadauria, representing the woman, told the court that the in-laws had physically assaulted her in June 2018 and subjected her to verbal and physical abuse in July 2018. The acts of cruelty, he contended, were motivated by a desire to deprive her and her child of their share in the family property. In Aug 2018, she was allegedly thrown out of the shared household. The in-laws denied all allegations, asserting that the petition and accompanying application were based on false and frivolous claims. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like This Could Be the Best Time to Trade Gold in 5 Years IC Markets Learn More Undo They contended that no acts of cruelty were ever committed, and that the woman failed to provide specific dates or incidents of alleged harassment. The in-laws alleged that the woman, even during her husband's lifetime, often withdrew from his company without justification. Despite these denials, the court emphasised that the woman has the right to seek maintenance from her in-laws and noted that the property in question — House No. A-324, Village Gamri, Adhura Mandir, Shastri Park Extension, Delhi-110053 — was clearly established as the shared and matrimonial household. The respondents did not dispute this fact in their submissions. "As far as the relief sought by the petitioner regarding residence is concerned, as per the petition as well as the Domestic Incident Report (DIR), the property ... is the shared household and the matrimonial house of the petitioner," the judge said, adding that she and her minor child have the right to reside there, restraining the respondents from eviction without due process.
