Civil Procedure Code, 1908
Order 39 Rules 1 & 2—Order directing appellant to vacate the suit property and interim directions issued to first and second respondent to pay rupees two and half lakhs for alternative accommodation, payment of rent, school fees and preservation of title/status qua—Appeal—Right under Section 17 of the Protection of Women from Domestic Violence Act is a right of protection, not a right of ownership or a licence to indefinitely occupy premises of the in-laws when such occupation causes demonstrable harm to senior citizens—Single Judge correctly balanced the entitlement of first and second respondent as senior citizens to live peacefully and with dignity in their own home against the appellant’s statutory right of residence under Section 17 of the Domestic Violence Act, while ensuring that adequate alternate accommodation, maintenance, and schooling arrangements for the minor children were provided—Directions issued are balanced, equitable, and necessary in the facts of the case—Arrangement ensures protection of appellant and minor children while simultaneously safeguarding the legitimate rights of senior citizens, who are entitled to peaceful residence in their own home—Appeal dismissed.
[Paras 17 to 27]