Wife accused & arrested along with her accomplices for murdering her own mother in law (husband’s elderly mother) applies for bail. Husband is visually impaired and is scraed of his life and that of his kids, so runs for injunction, restricting her from entering house. But husband is still given good advise on maintaining wife and sent away !!
Facts : “….. 2.3. The defendant had been conspiring to eliminate the mother of the plaintiff with an ulterior motive to grab the entire property along with the persons with whom she had been in constant touch. The defendant killed the mother of the plaintiff along with Azad, Parvinder, Jai Bhagwan and Pradeep on 11.08.2011. FIR no. 241/2011 was registered with PS Okhla under Section 302/394/411/201/120B/34 IPC was registered against the defendant and Azad, Parvinder, Jai Bhagwan and Pradeep for committing murder of the mother of plaintiff. The police had filed the charge sheet in the said case against the defendant and the said accused persons and charges under Section 203/201/120B/34 IPC have been framed against the defendant and the said accused persons vide order dated 19.02.2013 by the Court of Sh. Vinay Kumar Khanna, ld. ASJ, Saket Court finding a prima facie case against the defendant and other accused persons. The defendant was arrested on 20.08.2011 in the said FIR and had remained in custody so far. ….”
Further facts : “…. . However, the defendant’s bail application has been allowed by the Court of Sh. Lokesh Sharma, ld. ASJ, Saket Court, New Delhi vide order dated 29.09.2015. …”
Husband’s fear : The plaintiff apprehends that the defendant will now make attempts to forcibly enter the house of the plaintiff and tried to live in the house forcibly thereby endangering the peace, security and life of the plaintiff and other family members including minor children. The plaintiff is filing petition for divorce separately. ….”
Decision : “…. 11. Further, the plaintiff has sought the relief that defendant be restrained from claiming right of residence in any manner in the suit property which belongs to plaintiff. Clearly, the right of residence to a legally wedded wife has been provided under the Domestic Violence Act, 2005 and it is settled principle that there cannot be any injunction for restraining a person from claiming a legal or statutory right. Therefore, by way of injunction plaintiff cannot restrain his wife from claiming a legal right which has been provided under a special statute…..”