Case Note & Summary
The case involves a criminal revision application filed by Ashish Chauhan challenging the judgment and order dated 17.8.2022 passed by the Additional Sessions Judge-12, Nagpur in Criminal Appeal No.162/2017. The appellate court had allowed the non-applicants (Mohini Chauhan, widow of Mukesh Chauhan, and her minor son Abhinav) to reside in the shared household, specifically the ground floor of the suit property at plot No.465, with costs of Rs.20,000/- to be paid to the applicant. The applicant is the brother of the deceased Mukesh Chauhan. The non-applicant No.1 is the legally wedded wife of Mukesh, and non-applicant No.2 is their son. Mukesh died on 23.5.2008. The mother of the applicant and Mukesh executed a Will on 29.9.2004 bequeathing the ground floor to the applicant and the first floor to Mukesh. The mother died on 5.2.2007. After marriage, the non-applicant No.1 resided with her husband and family in the house until March 2004, when due to family disputes they left and went to Pune. They later returned to Nagpur and lived in rented premises. Mukesh started constructing the first floor as per the Will but died in January 2008 with the construction incomplete. The non-applicants sought to reside in the ground floor, but the applicant allegedly did not allow them. The trial court (JMFC) initially dismissed their application, but the appellate court reversed that decision. The High Court, in revision, examined whether the courts below had correctly applied the law. The court noted that the right of residence under Section 17 of the Protection of Women from Domestic Violence Act, 2005 is a statutory right and cannot be defeated by a Will. The court found that the non-applicants were entitled to reside in the shared household as they were aggrieved persons under the Act. The court also considered the concurrent findings of fact and held that no interference was warranted in revision. The revision was dismissed with costs of Rs.20,000/- to be paid by the applicant to the non-applicants.
Headnote
A) Protection of Women from Domestic Violence Act, 2005 - Right of Residence in Shared Household - Section 17, 19 - Widow and minor son claimed right to reside in ground floor of property bequeathed to brother-in-law - Trial court and appellate court granted relief - Revision dismissed - Held that the right of residence under Section 17 is a statutory right and cannot be defeated by a Will - The courts below correctly exercised discretion to protect the aggrieved persons (Paras 1-10).
Issue of Consideration
Whether the non-applicants (widow and minor son) are entitled to reside in the shared household (ground floor of suit property) under the Protection of Women from Domestic Violence Act, 2005, and whether the revision against the appellate order granting such right is maintainable.
Final Decision
The revision application is dismissed. The judgment and order dated 17.8.2022 passed by the Additional Sessions Judge-12, Nagpur in Criminal Appeal No.162/2017 is confirmed. The applicant is directed to pay costs of Rs.20,000/- to the non-applicants.
Law Points
- Right of residence in shared household
- Domestic Violence Act
- 2005
- Section 17
- Section 19
- Revision against appellate order
- Maintainability of revision
- Concurrent findings
- Interference in revision
