OM PRAKASH GUPTA Vs. ANJANI GUPTA

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, (hereinafter "Cr.P.C. ") against Order dtd. 5/12/2013 passed by learned Additional Sessions Judge-02/Special Judge (NDPS) (hereinafter "ASJ "), East, Karkardooma Courts, Delhi, in Criminal Appeal No. 104/13 titled 'Om Prakash Gupta vs Anjani Gupta ' whereby learned ASJ was pleased to confirm the residence Orders dtd. 1/11/2013, in favour of Respondent No.1. FACTUAL MATRIX

(2.) Marriage between the Respondent No.1 (hereinafter "Respondent ") and the son of the Petitioners, Mr. Alok Gupta, was solemnized on 30/1/1990 according to Hindu rites and rituals and Petitioner No. 1 (since deceased) and Petitioner No. 2 (hereinafter "Petitioner ") are the mother-in-law and father-in-law, respectively, of the Respondent. Petitioner No. 1 has been represented by her Legal Representatives, Mr. Alok Gupta as Petitioner No. 2(a), Mr. Anurag Gupta as Petitioner No. 2 (b) and Ms. Sarika Gupta as Petitioner No. 2 (c).

(3.) The relationship between the Respondent and her in-laws was cordial in the beginning, however, it started to deteriorate with time. The Respondent left her matrimonial home on 16/9/2011. Consequently, more than 50 cases, both civil and criminal, were filed by the parties against each other. One of these cases were initiated by the Respondent under the Protection of Women from Domestic Violence Act, 2005, (hereinafter "DV Act ") and during the proceedings the Respondent claimed right to residence in the property bearing no. A-41, Swasthya Vihar, Delhi-110092.