REKHA SABHARWAL Vs. JITENDER SABHARWAL

JUDGEMENT

(1.) There are two petitioners in this case and they are related as mother and daughter. Petitioner No. 1 was married with respondent No. 1 according to Hindu rites and ceremonies on 16.05.1998. From their wedlock, a female child Mansi Sabharwal was born on 24.06.1999. On account of matrimonial temperamental incompatibilities between the couple, they started living separate from each other since October, 2003.

(2.) While petitioner No. 1 was living separate from the family of her husband, Domestic Violence Act, 2005 was enacted and this Act came into force w.e.f. 26.10.2006. The Domestic Violence Act, 2005 conferred certain rights on females and in exercise of those rights, the petitioners filed a complaint on 30.10.2007 and claimed various reliefs including relief for maintenance, right of residence etc. against the respondents available to them under the provisions of Domestic Violence Act, 2005. This complaint filed by the petitioners before the Mahila Court (East), Karkardooma Court, Delhi was registered as case No. 69/2007 and was allowed by the Mahila Court (East) vide order dated 23.07.2009. The order of the trial court dated 23.07.2009 is at pages 49-57 of the paper book.

(3.) Aggrieved by the order of the trial court dated 23.07.2009, the respondents filed an appeal as provided in Section 29 of the Domestic Violence Act, 2005 which was registered as CA No.33/2009 and has been allowed by the court of Mr. Atul Kumar Garg, ASJ, Delhi vide order dated 25.09.2009. The order of the appellate court is Annexure P-1 at page 18 to 24 of the paper book.