SUBHASH Vs. SHIVANI

JUDGEMENT

(1.) An application filed by Shivani for a residence order and maintenance has been allowed by Judicial Magistrate, Hansi. The said order has been upheld by the Appellate Court. A perusal of the order passed by the Magistrate indicates that the claim of respondent wife to have residence in the shared household in Fatehabad has been allowed to the extent of one room, one toilet, bathroom and kitchen specifying that toilet, bathroom and kitchen could be joint subject to the availability.

(2.) Counsel for the petitioner has submitted that the house belongs to petitioner No. 1 who is father-in-law of the respondent and that husband and wife are not residing in the said house as such it will not fall within the definition of shared household.

(3.) I have heard learned Counsel for the petitioners and gone through the pleadings of the parties. The case of the respondent wife is that she stayed in the house at Fatehabad for six months but after six months of marriage her husband had taken her to Gurgaon with him where he used to harass her by different modes. He is alleged to have an extra-marital affair with one Nevadita and that she was ousted from the house at Gurgaon. Petitioner No. 1 had arrived at Gurgaon and taken the respondent with him to Fatehabad where she resided. She was forcibly ousted from the said house. The plea taken by the husband and the petitioners in their reply is that respondent had voluntarily left the matrimonial home. The husband of the respondent has taken up the plea that he has left his job on account of compulsion of his wife and he started living in Fatehabad with his wife but she left the matrimonial home with her sweet will without the knowledge of the husband. The husband has also taken up the plea that he had been doing job in HDFC Bank where he was disturbed by his wife and that he is unemployed on account of mis-behavior of the wife with the employer of the husband.