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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Delhi High Court has dismissed a petition challenging the Trial Court’s decision in a partition suit. The High Court, led by Hon’ble Ms. Justice Manmeet Pritam Singh Arora, affirmed the legal principle that proceedings under the Domestic Violence Act, 2005 (DV Act), cannot impede the progress of civil suits, reinforcing the Supreme Court’s stance in the landmark case of Satish Chander Ahuja v. Sneha Ahuja.
The petitioner, Nidh’ Jain, had approached the High Court under Article 227 of the Constitution of India, contesting the Trial Court’s order which dismissed her application under Section 151 of the Code of Civil Procedure, 1908 (CPC). The application sought the dismissal of a partition suit filed by Rani Jain, alleging concealment of facts.
Justice Manmeet Pritam Singh Arora, in her judgment, emphasized, “It is well settled law that, proceedings under DV Act and Civil Proceedings under ‘suit for partition’ are independent of each other and have to be decided as per their respective provisions of law.” This statement addresses the crux of the petitioner’s contention, which relied on various interim orders passed by the DV Court.
The petitioner argued that the plaintiff, being not in actual or constructive possession of the suit property, could not maintain the suit for partition. However, the High Court found no merit in this argument. Justice Arora noted, “The orders [under the DV Act] cannot be construed as ousting the plaintiff and defendant nos. 1 and 2 from the possession of the suit property.”
Further, the Court observed that the nature of the DV Court orders were interim protective measures and did not influence the plaintiff’s right to file a partition suit. The High Court’s decision thus upholds the separation of proceedings under the DV Act from civil proceedings, a principle crucial in the Indian judicial system.
Date of Decision: 23 November 2023
NIDHI JAIN VS RANI JAIN & ORS
