RAZIA BEGUM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) These two petitions have been filed assailing order dated 29th October, 2009 passed by the learned Additional Session Judge. One petition has been filed by the Smt. Razia Begum widow of the deceased Abdul Rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under Section 22 of Protection of Women from Domestic Violence Act, 2005 (in short Domestic Violence Act) by Razia Begum.

(2.) In her application under Domestic Violence Act, Razia Begum had made 11 respondents and she specified her relations with respondents as under: 2. That the complainant/aggrieved person married to one Abdul Rauf on 1.10.1995 who was the son of respondents no. 3, 7 & 9 and brother of respondents no. 1, 2, 4, 5, 8, 10 & 11 and dewar (brother-in-law) of respondent no.6. That the marriage between the complainant/aggrieved person with the aforesaid late Abdul Rauf was duly performed and solemnized on 1.10.1995 in accordance with all essential Muslim/Islamic customs rites and ceremonies, and law at Delhi. However, unfortunately the husband of complainant/aggrieved person had expired on 2.9.2006. x x x x x 4. That respondent no.1 and respondent no.8 are the jeth of the complaint/aggrieved person respondent no.2 is the father-in-law, respondents no. 3 & 4 are dewars, respondents no. 5 & 9 are mothers-in-law, respondent no.6 is the jethani of the complainant, respondent no. 7, 10 & 11 are nands (sisters-in-law).

(3.) The order of learned MM passed under Section 22 of Domestic Violence Act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. The five respondents against whom order has been passed are Abdul Rab, Abdul Samad, Abdul Khaliq, Kasim and Abdul Wahab. While first four respondents have been shown as residents of H.No. 450 Chawri Bazar, Chittla Gate, Jama Masjid but the fifth respondent i.e. Abdul Wahab has been shown as resident of H.No. 1456, Kala Mehal, Khirki, Jama Masjid, Delhi. Vide her order, the learned MM directed payment of maintenance of ' 10,000/- p.m. to the wife from the date of filing of petition and also held that widow was entitled to stay/reside at the second floor of the joint household and could be evicted only after due process of law. However, order of learned MM did not specify which of the respondents was liable to pay what amount and why