In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court

The Supreme Court has observed that in a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer.

The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated May 13, 2021 ("impugned judgment").

In the impugned judgment, the High Court had upheld the Trial Court's order of observing that the couple were in unauthorized and illegal occupation of the premises and granting the possession of the suit premises to the lessee.

Upholding the view of the Delhi High Court, the bench in its order said,

"In a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer. The dispute between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to."

The bench further said, "If the wife has any grievance against the husband, maybe in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy which may be available to her against the husband."

Case Before Delhi High Court

The husband had taken a premises on lease for a period of one year for an amount of Rs 26,500 per month. The lessee filed a suit for eviction and recovery of damages before the Trial Court. Observing that the couple were in unauthorized and illegal occupation of the premises, the Trial Court on February 7, 2020 granted the possession of the suit premises to the lessee.

Aggrieved, the wife had approached the Delhi High Court. It was contended before the High Court by the wife's counsel that the suit that was filed by the lessee was in connivance with her husband with whom she had matrimonial issues.

While upholding Trial Court's order, the High Court said,

"The said issue cannot be a subject matter of the dispute between the landlord and the tenant. In fact, an application filed by the appellant herself in the proceedings before the Trial Court wherein the impugned order has been passed, has been withdrawn by the appellant because of the fact that in a separate proceeding under the D. V. Act on her application certain orders have been passed though recalled later, which order has been taken in appeal by the appellant. It is for the appellant to seek such orders as appropriate in accordance with the law. But surely not in these proceedings. In any case, the issue before the Trial Court was with regard to an application filed under Order 12 Rule 6 CPC. The Court was of the view that all the grounds which are required to be for proved have been satisfied."

Case Title: Archana Goindi Khandelwal V. Rajesh Balkrishnan Menon & Ors.| Special Leave to Appeal (C) No(s). 2939/2022

Coram: Justices MR Shah and BV Nagarathna

Counsel for Petitioner: Advocate(s) V.K. Anand, Ravi Kumar Tomar

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