Delhi High Court: The Delhi High Court stated that the lady’s entry into her marriage home is a matter of legal rights which she is entitled to exercise while quashing a FIR issued against a woman filed on the complaint by her father-in-law for suspected house trespass and theft in her matrimonial residence. In its ruling from April 11, a single-judge bench of Justice Anish Dayal also underlined the “serious allegations of cruelty” brought out by the woman against her husband and her in-laws, including claims of dowry demands and physical abuse by her husband.
Additional precautions needed to be taken due to her head injury
The woman claimed that she was coerced into drinking “All Out” insect repellant. She cited her MLC (medico-legal case) from March 12, 2022, in support of her claim. In that case, she was taken to the hospital with a history of alleged physical abuse by her spouse and consumed “All Out” at around 12 o’clock. The woman was advised during release that additional precautions needed to be taken due to her head injury, vomiting, and abdominal pain. The court acknowledged this.
FIR Filed against the lady
According to the court, it was clear that the FIR was filed to “retaliate and as a counterblast” against the lady for requesting admission into the marital home in accordance with a protective order. The high court stated, “Therefore, it is evident that the proceedings were maliciously instituted with an ulterior motive to pressurise the accused on account of matrimonial discord.”
Woman asked high court to dismiss the FIR
In the matrimonial home where she lived after her marriage, the woman was asking the high court to dismiss a FIR that her father-in-law had filed against her on suspicion of house trespass and theft.The woman was living in the matrimonial residence in Rohini after being married in December 2021. She filed a complaint under the Protection of Women from Domestic Violence Act, 2005, due to alleged physical, mental, and emotional torture by her in-laws, fearing she would lose her part of the home. On April 26, 2022, a metropolitan magistrate issued the woman a protective order “restraining the respondents therein from dispossessing her from the matrimonial home without following the due process of law”
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The protection order was contested by her in-laws
The woman claimed that when she returned home from court, she saw that the doors were locked, so she spent the night at her parents’ house. She claimed that when she returned the following day, her husband and in-laws were there but would not let her inside the house. She went to the police for assistance, but when they arrived, they discovered that the house was locked. She had no choice but to use a spare set of keys to get inside her marital home. The protection order was contested by her in-laws, and on April 28, 2022, an additional sessions judge (ASJ) stayed it. The ASJ ordered her in-laws not to take any illegal steps to remove the woman from the matrimonial home when she submitted an application for vacation of stay on May 9, 2022. The father-in-law then filed a complaint that resulted in the FIR that is currently being challenged, which the wife stated was “clearly a counterblast to harass” her further.
Woman received a protection order
The woman received a protection order, according to the top court, and had a “undeniable right” to live in the shared property. The court stated that since this was the case, “the issue of the property being in the possession of another does not arise, nor can such an intent be imported and insinuated.” Regarding the theft claim, the court stated that it was general and that it “would not be unreasonable to conclude that it is concocted to wreck vengeance with a mala fide purpose” in light of the events and circumstances surrounding the conjugal dispute.
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