AMARJEET SINGH BAMMI Vs. SUKHMANI KAUR

JUDGEMENT

(1.) The impugned order dated 16.05.2019 passed by the court of learned Additional District Juge-03, Shahdara District, Karkardooma Courts, Delhi ('ADJ') in Civil Suit No.351/2019 dismissing the application of the appellant/plaintiff under Order 39 Rule 1 & 2 CPC is the subject-matter of challenge in this appeal. The appellant/plaintiff filed a Civil Suit for permanent injunction against her daughter-inlaw/respondent on the ground that he is the owner of the property No.D-16, Ashoka Niketan, Delhi admeasuring 275 sq. mtr.

(2.) Admittedly, the marriage of the son of the appellant, namely, Chanpreet Singh, with the respondent was solemnised on 31.01.2014 and out of the wedlock, a son, namely, Fatehvir Singh, was born on 10.02.2018. There have been matrimonial disputes between the couple. The appellant filed a complaint on 10.08.2018 with SHO PS Anand Vihar against the respondent for misbehaviour and hurling abuses at him. He lodged another complaint on 15.01.2019 with the police against the respondent.

(3.) The appellant alleged that in the third week of January, 2019, the respondent left the house along with her son and her belongings and started residing with her parents at B-47, Greater Kailash, Part-I, New Delhi. However on 08.02.2019, the respondent along with her son returned to her matrimonial house to attend a paath, a religious ceremony, to celebrate the first birthday of her son. At the end of the first day of the ceremony, she again left her matrimonial house with her valuables and jewellery in three large suitcases. Further, on the third day of the ceremony, she again returned with her parents and her minor son and took more of her belongings and valuables. He alleged that on 10.04.2019, when he and his wife were not present at the house, the respondent along with her two brothers and others entered the house forcibly, whereupon the guard called his son and when his son reached the house, he saw the respondent leaving with all her jewellery and articles in 30 carton boxes. The appellant and his son lodged a complaint on the same day with the Police Station, Anand Vihar. He also alleged that his son, who is the husband of the respondent, has been residing separately on rent at House No.A-113, Third Floor, Surajmal Vihar, New Delhi-110092.