ASHISH CHANDRAKANT CHAUHAN Vs. MOHINI MUKESH CHAUHAN

JUDGEMENT

(1.) By this revision, the applicant has challenged judgment and order dtd. 17/8/2022 passed by learned Additional Sessions Judge-12, Nagpur in Criminal Appeal No.162/2017 whereby allowed the non-applicants to reside in shared-household (ground floor of suit property) as described in the application with costs of Rs.20,000.00 to be paid to the applicant.

(2.) Brief facts necessary for disposal of the revision, are as under: The non-applicant No.1 is legally wedded wife of Mukesh Chauhan, who is brother of the applicant and applicant No.2 is son of non-applicant No.1 and Mukesh. On 23/5/2008, Mukesh died and since then the non- applicants are trying to pursue request for permitting them to reside in the house at plot No.465. However, as per the allegations, the applicant has not allowed them to stay in the house. The mother-in-law of non-applicant No.1 and the mother of the applicant executed Will on 29/9/2004 and bequeathed the ground floor to the applicant and first floor to deceased Mukesh. The mother of the applicant also died on 5/2/2007. As per the contention of the non-applicant No.1, after married, she resumed co-habitation in the said house and resided with her husband and other family members, till March 2004. Due to the family dispute, the non-applicant No.1 and her husband left shared household in March 2004 and went to stay at Pune. They again returned to Nagpur and started residing in a rented premises. In the year 2007, the deceased Mukesh started constructing first floor of the shared household as per the Will with the consent of his mother Sadhana. However, Mukesh died in January 2008. At the relevant time, the said construction was incomplete. The applicant, thereafter, did not allow the non-applicants to enter in the shared household and she was constrained to stay in a rented premises along with her son on payment of Rs.6000.00 per month. The applicant has also not responded to the notices issued by the non-applicants. Therefore, non-applicant No.1 was constrained to approach to the JMFC seeking relief under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (the said Act).

(3.) The applicant resisted the application on the ground that the non-applicant No.1 never shared and resided along with her husband in the said house. The divorce decree was executed on 5/7/2007 and non- applicant No.1 and deceased Mukesh were not having any conjugal relationship, upto death of Mukesh. The non- applicants were residing separately. It is the applicant who has constructed structure on the first floor. The non- applicants never resided with the applicant in the house property in the year 2004. It is further contended that as the said Act was enacted on 14/9/2005, it would not apply in the present case.