Delhi HC Orders 4-Week Decision On Wife’s DV Residence Plea, Bars Husband And In-Laws From Creating Third-Party Rights In Shared Home

The petitioner, wife of respondent no. 1, alleged that she was assaulted and denied entry to the shared household on 7 April 2026.

She had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), with an application under Section 19 for a residence order, registered as CT Case No. 1183/2026.

The Magistrate initially summoned respondents nos. 1 and 2 and, after receiving the domestic incident report, summoned respondents nos. 3 and 4.

The petitioner sought relief from the High Court, submitting that she and her two minor children were without shelter and that she had sustained severe burn injuries in an earlier incident.

The petitioner invoked Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Under Section 12(5) of the DV Act, the Magistrate is to endeavour to dispose of a complaint within 60 days from its first hearing. The residence relief sought arose under Section 19 of the DV Act, while Section 23 provides for interim and ex parte orders.

In light of the petitioner’s submission that she and her children lacked shelter, and the pending application for residence relief, the Court directed an expedited determination by the Magistrate, including consideration of interim residence or alternative accommodation under Section 23.

It also set a timetable for pleadings and protected the shared household from the creation of third-party rights until the application was decided. The Court expressly left the merits to the Magistrate.

The respondents were to file replies within two weeks, with any rejoinder due within three days thereafter; the Magistrate could decide on the material available in case of default. The respondents were restrained from creating third-party rights in the shared household until the application was determined. The Court made no observation on the merits.