RAVINDER KAUR Vs. CHARANJIT PAL SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this petition filed under Section 482 Cr.P.C. is the order dated 24.12.2013 passed by Judicial Magistrate Ist Class and order dated 13.05.2014 passed by Additional Sessions Judge, Chandigarh in a complaint filed by the petitioner under the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act').

(2.) The respondents stand was that the petitioner had left the matrimonial home and DDR entry was made in this regard on 30.10.2013. The petitioner then alongwith her brothers started threatening the husband and his family and one day she forced her entry into the house on 08.12.2013 and occupied the Annexe room. The husband is stated to have taken house on rent in another Sector. A civil suit for mandatory injunction had been filed by parents-in-laws against the petitioner which is pending.

(3.) The trial Court refused to issue any interim direction in order to avoid breach of peace and particularly in view of the conduct of the petitioner in gaining forcible entry in the premises in question. An appeal was preferred against the order which was dismissed by the Additional Sessions Judge, Chandigarh on 13.05.2014. Aggrieved by the same, this petition has been filed. I have heard learned counsel for the parties. Learned counsel for the petitioner has urged that wife had a right to have a roof on her head and the right is protected under the Protection of Women from Domestic Violence Act. It was urged that the object and reason for framing this Act was to ensure a secured house and this right is to be secured by a residence order. It was urged that the definition of the shared household entitled the petitioner to live in the main building and Section 17 of the Act contains a non obstante clause and the word used there is 'shall'. It was urged that the petitioner is entitled to live with her children with dignity.