Writ Petition In Delhi High Court Seeks Restoration Of Possession To Estranged Wife Allegedly Evicted By Husband & His Mistress

An estranged wife has sought the Delhi High Court's intervention via a Writ Petition under Article 226 of the Constitution, praying to restore possession to her residence after allegedly being forcefully dispossessed by her husband.

The Petition records the traumatic ordeal of the wife, having to maintain her alcoholic husband before being confronted with his extra-marital affair. Claiming to be dispossessed from her residence by her husband and his extra-marital partner, the Petitioner filed a Police Complaint but did not receive any redress.

The Petitioner thus prays for the Court's intervention in the matter.

The Petitioner and Respondent allegedly cohabited as a married Muslim couple at the Petitioner's Delhi accommodation. Former was the sole breadwinner of the family, comprising one daughter. The husband was alleged to be an alcoholic and indulging in an affair with another resident of the same colony, arrayed as Respondent no. 2.

In 2017, the Petitioner claims to have chanced upon the Respondent and his extra-marital partner in a compromising position. Enraged, the Petitioner raised a dispute with the Respondent. The Petition alleges that the husband abandoned the Petitioner's residence and moved to his partner's home. This led the Petitioner to file divorce proceedings and maintenance petition under the relevant provisions of the Dissolution of Muslim Marriage Act, 1939, along with the application under Section 125 of the Code of Criminal Procedure, before the Principal Judge, Patiala House Courts.

On 20.1.2022, Petitioner visited her West Bengal home to attend to her ailing mother. Returning to her Delhi residence, the Petition alleges that the Respondent had trespassed her place with his partner. He allegedly threatened to kill her and dispossessed her from the accommodation with force.

The Petitioner claims to have been deprived of her bank documents, living necessities and was forced to live on the streets working as a Maid. The Petitioner, along with her daughter, claims to be living in one of the employers' houses.

The Petitioner filed a Police Complaint on 30.1.2022 but alleges that no action was taken as the Police were working in collusion with the Respondent.

In light of Police inaction, the Petitioner prays for the Court's intervention restoring the Petitioner's possession of her accommodation.

The Petitioner states that she does not have any other efficacious remedy. The Petition cites various precedents, including a Delhi High Court judgment Anju Devi v. Commissioner of Police (1994) where it was held that when the facts are so glaring, the Court is not helpless in coming to the aid of the petitioner simply because the suit filed by her for possession is pending in the Civil Court.

"The present case is not of two individuals, one having dispossessed the other, but is a case where a helpless lady has been thrown out of the house where,she was living for about four years, in whatsoever capacity, as a result of collusion and connivance of the police, In such circumstances, this Court, to do complete justice between theparties, has wide and ample powers to pass appropriate orders including orders for restoration of possession," it was held therein.

Section 456 of the CrPC vests power in the Criminal Court to order for restoration of possession to a person dispossessed of their immovable property in light of a convicted person's criminal intimidation or criminal force.

The Petition states that the power under Section 456 can only be exercised by the Magistrate after conviction by Trial Court, which could take considerable time. As the Petition does not envisage any other efficacious remedy, it seeks intervention by the Delhi High Court.

The case will likely be listed on February 4. The Petitioner is represented by Advocates Rishi Bharadwaj and Abhiesumat Gupta.

Case Title: Smt. Sajeda Bibi v. State & Ors.