Can res judicata apply on operation of pwdva for women
Guest
(Querist) 08 January 2016
This query is : Resolved
Further to my earlier query I need advise of experts on following:
The lady who is not allowed to enter home owned by her late husband has filed residence order complaint to magistrate under PWDVA
The current occupants her husbands brother and his family have produced a will that was rejected during probate proceedings and assiged for detaild trail for probate. The lasy has also filed a suit for declaring this forged will null and void and eviction order. Both clubbed cases are pendign in court.
Now question of law is -can PWDVA act operation be stalled if any civil suit for establishing ownership of house is pending because domestic violence act clearly mentions it is additional act for remedy and that domestic violence addresses right of residence and not right of ownership. he has right to even live in home rented out by her husband.
In one judgment Delhi high court bench has ruled that will if disputed has to undergo probate proceedings and till this happens it has no value.And the bench allowed residence order in mother in laws house to lady who was having will in her name.
Dr J C Vashista
(Expert) 12 January 2016
Dr. Gupta,
Please continue in the same thread.
Regards
