VIBHUTI WADHWA SHARMA Vs. KRISHNA SHARMA

JUDGEMENT

(1.) Parties to the present petition are related to each other in a way that petitioner is the daughter-in-law and respondents are her parents-in-law. The matrimonial dispute between petitioner-wife, with son of respondents is the foundation of dispute inter se parties. Multiple legal proceedings are said to be pending between husband and wife but what has brought parties to this Court is the Agreement to Sell dated 18.02.2021 entered between respondent No.1- mother-in-law with third party qua property bearing Flat No.33, Second Floor, SFS DDA Flats, Motia Khan, New Delhi, which is purportedly in her name. According to petitioner the property in question is a shared household property where she had lived with her husband and so, she cannot be alienated from the said property.

(2.) In the aforesaid view of the matter, petitioner filed an application under Section 19(1)(d) of the Protection of Women from Domestic Violence Act, 2005 ("DV Act") and the learned Magistrate after issuance of notice, vide order dated 15.03.2021 granted interim relief to petitioner restraining the respondents from selling or alienating the property in question. The learned Metropolitan Magistrate posted the matter for 27.07.2021 for arguments on interim application as well as on application seeking restraint.

(3.) Aggrieved against the said interim order dated 15.03.2021 passed by the learned Magistrate, respondents herein preferred a revision petition before the Court of Sessions under Section 395/397 Cr.P.C., which was converted into an appeal and vide judgment dated 03.05.2021 the said appeal was allowed. This is how petitioner is before this Court seeking setting aside of judgment dated 03.05.2021 passed by the learned Appellate Court.