NEELAM BHUTANI Vs. SHUMITA DIDI SANDHU

JUDGEMENT

(1.) This application under Order 12, Rule 6 of the Code of Civil Procedure, 1908 ('CPC) filed by the Plaintiff for decreeing the suit in terms of the admissions made by the Defendant in CS(OS) No. 41 of 2005 filed by the Defendant.

(2.) The background to the present application is that CS No. (OS) 41 of 2005 was filed by the Defendant No.1 against her husband, Mr. Sanjay Singh Sandhu and his parents, Mr. Hardev Singh Sandhu and Mrs. Shiela Sandhu (Defendant No.2 herein) for a permanent injunction restraining them from subjecting her to harassment and intimation and from forcibly dispossessing her from the matrimonial home without the due process of law.

(3.) In CS No. (OS) No. 41 of 2005 an interim order was passed on 18th January 2005 directing status quo to be maintained in relation to the suit property till the next date of hearing. On 17th August 2005, the Court passed an order in IA No. 291 of 2005 in the aforementioned suit clarifiying that "the reference to status quo is in respect of the matrimonial home, which is the first floor of property bearing No. 18A, Ring Road, Lajpat Nagar-IV, New Delhi." In an application filed by Defendant No.1 herein (the Plaintiff in the forementioned suit CS No. (OS) No. 41 of 2005) under Order 39, Rule 2A an order was passed on 17th August 2005 directing that her husband should not visit the first floor premises in her occupation without leave and liberty of the Court. The Court observed in its order that "There is no doubt that the first floor has been set out as the matrimonial home of the parties as per claim of the plaintiff".