Domestic violence act
Jolly James 9447287658
(Querist) 24 August 2011
This query is : Resolved
Husband lease out his house after wife left his house. Now the lessee is in possession of house.she filed a suit for injunction against forceful eviction from the house and injunction order is in favor of lessee. The husband and wife joined together and wife filed a petition for residence order. The court passed an order of residence as per section 19 of DV Act. The lessee filed a petition to implead her as respondent in the petition and filed a petition to modify the order under section 25(2) of the act. Court saying that she will not come under the definition of respondent. I am interpreting that " and against whom the aggrieved person has sought any relief under this Act" what you say
adv. rajeev ( rajoo )
(Expert) 24 August 2011
Yes. I agree with your interpretation, but it is depends on the knowledge of judge.
G. ARAVINTHAN
(Expert) 24 August 2011
the tenant have to file obstructor petition in the event of attachment of the property
M/s. Y-not legal services
(Expert) 26 August 2011
Yes. Am agree with my friend arvindh. The obstructor petition is right one. And also the suit having misjoinedr defect.
