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TMI Blog2020 (10) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... is the matrimonial home of the Respondent where she was residing in first floor since her marriage. The fact that Respondent is residing in first floor of the premises is not matter of dispute. Even if the house is in the name of the Appellant and that even if we accept the case of the Appellant that Appellant s son Raveen has no share in the house belonging to Appellant, with whom the Respondent was living in the domestic relationship, whether the Respondent is entitled to reside in the premises in question as shared household is the question to be answered. In the impugned judgment, Delhi High Court has refrained from deciding the point as to whether suit property is a shared household on the ground that the application filed Under Section 12 of Act, 2005 by the Respondent is pending. In the suit filed by the Appellant where Respondent has pleaded and claimed that it is shared household and she has right to live and it was on that ground she was resisting the suit for mandatory injunction, the question that whether the suit property is a shared household or not becomes relevant and necessary and the said issue cannot be skipped on the ground that application under D.V. Act is pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is observed that the Court, on examination of the facts and circumstances, has to exercise its judicial discretion keeping in mind that a judgment on admission is a judgment without trial which permanently denies any remedy to the Defendant by way of an appeal on merits. A similar view was expressed by this Court in the case of S.M. Asif. It is observed and held in paragraph 8 that expression may in Order XII Rule 6 Code of Civil Procedure suggests that it is discretionary and cannot be claimed as of right. It is further observed that where Defendants raised objections which go to root of the case, it would not be appropriate to exercise discretion Under Order XII Rule 6 Code of Civil Procedure. The power Under Order XII Rule 6 is discretionary and cannot be claimed as a matter of right. In the facts of the present case, the Trial Court ought not to have given judgment Under Order XII Rule 6 on the admission of the Defendant as contained in her application filed Under Section 12 of the D.V. Act. Thus, there are more than one reason for not approving the course of action adopted by Trial Court in passing the judgment Under Order XII Rule 6. We, thus, concur with the view of the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty is maintainable before a Competent Court. We may further notice that in Sub-section (2) the injunction is shall not be evicted or excluded from the shared household save in accordance with procedure established by law . Thus, the provision itself contemplates adopting of any procedure established by law by the Respondent for eviction or exclusion of the aggrieved person from the shared household. Thus, in appropriate case, the competent court can decide the claim in a properly instituted suit by the owner as to whether the women need to be excluded or evicted from the shared household - The High Court in the impugned judgment has also expressed opinion that suit filed by the Plaintiff cannot be held to be non-maintainable with which conclusion we are in agreement. In case, the shared household of a woman is a tenanted/allotted/licensed accommodation where tenancy/allotment/license is in the name of husband, father-in-law or any other relative, the Act, 2005 does not operate against the landlord/lessor/licensor in initiating an appropriate proceedings for eviction of the tenant/allottee/licensee qua the shared household. However, in case the proceedings are due to any collusio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er forum - The order passed under D.V. Act whether interim or final shall be relevant and have to be given weight as one of evidence in the civil suit but the evidentiary value of such evidence is limited. The findings arrived therein by the magistrate are although not binding on the Civil Court but the order having passed under the Act, 2005, which is an special Act has to be given its due weight. Thus, following conclusions have been arrived: (i) The pendency of proceedings under Act, 2005 or any order interim or final passed under D.V. Act Under Section 19 regarding right of residence is not an embargo for initiating or continuing any civil proceedings, which relate to the subject matter of order interim or final passed in proceedings under D.V. Act, 2005. (ii) The judgment or order of criminal court granting an interim or final relief Under Section 19 of D.V. Act, 2005 are relevant within the meaning of Section 43 of the Evidence Act and can be referred to and looked into by the civil court. (iii) A civil court is to determine the issues in civil proceedings on the basis of evidence, which has been led by the parties before the civil court. (iv) In the facts of the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usband. There being marital discord between Raveen and Sneha, in July, 2014, Raveen moved out of the first floor and started staying in the guest room of the ground floor. In the year 2004 a separate kitchen was started by the Respondent in the first floor of the house. Raveen, the husband of the Respondent filed a Divorce Petition on 28.11.2014 Under Section 13(1)(ia) and (iii) of Hindu Marriage Act, 1955 for decree of divorce on the ground of cruelty against the Respondent, Sneha Ahuja which proceeding is said to be still pending. The Respondent, Sneha Ahuja, on 20.11.2015, i.e., after filing of the Divorce Petition, filed an application Under Section 12 of Act, 2005 impleading Raveen Ahuja as Respondent No. 1, Shri Satish Ahuja, Respondent No. 2 and Dr. Prem Kanta Ahuja (mother-in-law of the Respondent), Respondent No. 3. In the complaint it was alleged that Sneha Ahuja has been subjected to severe emotional and mental abuse by the Respondents. In the application Respondent prayed for several orders under Act, 2005. The learned Chief Metropolitan Magistrate before whom the complaint was filed passed an interim order on 26.11.2016 to the following effect: The Respondents shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y injunction against the Defendant to remove herself and her belonging from the first floor of the property and a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendants, her agents, employees, representatives, etc. from in any manner creating interference or obstruction of the right of the Plaintiff in the suit property and restrain her from causing interference in the peaceful occupation of the Plaintiff in the ground floor of the property. Decree of recovery of damages/mesne profit was also asked for the use and occupation of the suit property of Rs. 1 lac from the date of filing of the suit till the Defendant is removed from the suit property. 8. A written statement was filed by the Defendant pleading that house property was acquired by the Plaintiff through joint family funds and not his self-acquired property. It was pleaded in the written statement that the Plaintiff has suppressed the true and material facts regarding causing physical and mental torture to the Defendant on account of domestic violence etc. by the Plaintiff, his wife and their elder son. 9. The Defendant also referred to filing of complaint cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments Under Order XI Rule 13 Code of Civil Procedure in compliance of the order of the Trial Court dated 20.03.2018. 13. The Trial Court proceeded to decide the application Under Order XII Rule 6 Code of Civil Procedure filed by the Plaintiff. By judgment dated 08.04.2019 Trial Court decreed the suit in the following manner: 26. In the light of aforesaid discussion and the observations, this Court is of the considered opinion that there are sufficient admission to pass a decree in favour of the Plaintiff. Consequently, suit of the Plaintiff is decreed for the relief of mandatory and permanent injunction as prayed for. The Defendant is directed to hand over the vacant and physical possession of the suit property to the Plaintiff within 15 days. At the time of announcement of the order, this Court asked Plaintiff whether he wants to pursue his suit for the relief of damages to which he agreed to waive off the said relief. Accordingly, statement of the Plaintiff was also recorded to this effect. Accordingly, the relief of damages stands withdrawn. Decree sheet be prepared for the relief of permanent and mandatory injunction accordingly. There is no order as to costs. File be cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... band and failing to appreciate the specific submission of the Appellant while admitting the title of the Respondent that the suit premises was the joint family property but also losing the site of the DV Act. The directions given by the High Court are contained in the paragraph 56 to the following effect: 56. In these circumstances, the impugned judgments cannot be sustained and are accordingly set aside. The matters are remanded back to the Trial Court for fresh adjudication in accordance with the directions given hereinbelow: (i) At the first instance, in all cases where the Respondent's son/the Appellant's husband has not been impleaded, the Trial Court shall direct his impleadment by invoking its suo motu powers Under Order I Rule 10 Code of Civil Procedure. (ii) The Trial Court will then consider whether the Appellant had made any unambiguous admission about the Respondent's ownership rights in respect of the suit premises; if she has and her only defence to being dispossessed there from is her right of residence under the DV Act, then the Trial Court shall, before passing a decree of possession on the wife premise of ownership rights, ensure that in view of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1983, at that time the son of the Appellant was only 14 years old. It is submitted that the Respondent can claim right to reside only in house which is either joint family property or the husband of the Respondent has a share in it. In the property belonging to father of the husband, she has no right to reside. Learned Counsel for the Appellant has relied on judgment of this Court in S.R. Batra and Anr. v. Taruna Batra, (2007) 3 SCC 169, where two-Judge Bench of this Court held that the wife is entitled only to claim a right Under Section 17(1) to residence in a shared household and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. 20. It is submitted that the complaint under the Act, 2005 filed by the Respondent was only a counter blast to the Divorce Petition dated 28.11.2014 filed by the husband of the Respondent. It is submitted that Sections 17 and 19 of the Act, 2005 do not contemplate a proprietary or ownership right in the shared household for the aggrieved person. Shri Jauhar further submits that her claim for alternate accommodation can be made qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgment of the High Court. Shri Gupta submits that Act, 2005 granted protection and security of residence to woman. Shri Gupta referring to definition of domestic relationship Under Section 2(f) contends that Respondent was in domestic relationship with the Appellant and the Appellant was Respondent within the meaning of Section 2(q) against whom allegation of domestic violence was made in petition Under Section 12. Shri Gupta referring to definition of shared household Under Section 2(s) submits that factum of residence and domestic relationship with the Respondent are the only qualification to fall within the ambit of definition of shared household. Shri Gupta submits that second part of the definition of the shared household is extensive in nature which gives certain example but cannot be said to be exhaustive looking at scheme of the Act. He submits that when 'includes' is used after the term "means" it is extensive and not exhaustive in nature. The Respondent being in domestic relationship with the Appellant living in the suit property since her marriage and continues to do so till date, the property is shared household where the Appellant is staying. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo judgments have taken a view contrary to law lay down in S.R. Batra case. Shri Gupta submits that present was not a case of granting any decree Under Order XII Rule 6, the Respondent having categorically pleaded in the written statement that the suit property was purchased from the joint family fund. Shri Gupta referred to various documents which were brought on the record before the Trial Court indicating that joint family fund was utilised for purchasing the suit property. 24. Shri Jayant Bhushan, learned Senior Counsel supporting the submission of the learned Counsel for the Appellant contends that rights of daughter-in-law are only to the extent of right of the husband/Respondent. He submits that in the definition in Section 2(s) the word 'includes' has to be read "means and includes". Referring to term household, Shri Bhushan referred to definition as given by Census of India where common kitchen is a pre-requisite of a household. 25. Ms. Geeta Luthra supporting the submission of Shri Nidhesh Gupta contends that household of father-in-law will be shared household of daughter-in-law where she is living since marriage. Ms. Luthra relies on the judgment of D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds on its ability to protect and promote the rights of its women. Guaranteeing equal rights and privileges to women by the Constitution of India had marked the step towards the transformation of the status of the women in this country. 30. The domestic violence in this country is rampant and several women encounter violence in some form or the other or almost every day, however, it is the least reported form of cruel behavior. A woman resigns her fate to the never ending cycle of enduring violence and discrimination as a daughter, a sister, a wife, a mother, a partner or a single woman in her lifetime. This non-retaliation by women coupled with the absence of laws addressing women's issues, ignorance of the existing laws enacted for women and societal attitude makes the women vulnerable. The reason why most cases of domestic violence are never reported is due to the social stigma of the society and the attitude of the women themselves, where women are expected to be subservient, not just to their male counterparts but also to the male's relatives. 31. Till the year 2005, the remedies available to a victim of domestic violence were limited. The women either had to go to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of All Forms of discrimination against women stated: General Recommendation No. 12 (Eighth session, 1989) Violence against women The Committee on the Elimination of Discrimination against Women. Considering that Articles 2, 5, 11, 12 and 16 of the Convention require the States parties to act to protect women against violence of any kind occurring within the family, at the work place or in any other area of social life. 34. Even before the Act, 2005 was enacted, Justice Sabyasachi Mukharji in B.R. Mehta v. Atma Devi and Ors., (1987) 4 SCC 183 has noted that right of occupation in matrimonial home which is granted under Matrimonial Homes Act, 1967 in England are not granted in India though it may be that with the change of situation and complex problems arising, it is high time to give the wife or the spouse a right of occupation. In paragraph 6 following was laid down: 6. ...................In England the rights of the spouses be it the husband or the wife to the matrimonial home are now governed by the provisions of Matrimonial Homes Act, 1967. Halsbury's Laws of England, Fourth Edition, Vol. 22 page 650 deals with the rights of occupation in matrimonial home and p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arate chapter "Chapter IV-Family Homes and Domestic Violence" was enacted. Section 30 of which provision is as follows: 30. Rights concerning home where one spouse or civil partner has no estate, etc. (1) This Section applies if-- (a) one spouse or civil partner is entitled to occupy a dwelling-house by virtue of-- (i) a beneficial estate or interest or contract; or (ii) any enactment giving the right to remain in occupation; and (b) the other spouse or civil partner is not so entitled. (2) Subject to the provisions of this Part, has the following rights "home rights"-- (a) if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by except with the leave of the court given by an order Under Section 33; (b) if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house. (3) If is entitled under this Section to occupy a dwelling-house or any part of a dwelling-house, any payment or tender made or other thing done by in or towards satisfaction of any liability of in respect of rent, mortgage payments or other outgoings affecting the dwelling-house is, whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l functions to fulfil. The brooding presence of the constitutional empathy for the weaker Sections like women and children must inform interpretation if it has to have social relevance. So viewed, it is possible to be selective in picking out that interpretation out of two alternatives which advance the cause--the cause of the derelicts. 40. Enactment of Act, 2005 is another step in the same direction. This Court in Manmohan Attavar v. Neelam Manmohan Attavar, (2017) 8 SCC 550 noticed that Act, 2005 has been enacted to create an entitlement in favour of the woman of the right of residence. In paragraph 15, following was observed: 15. A reading of the aforesaid provisions shows that it creates an entitlement in favour of the woman of the right of residence under the "shared household" irrespective of her having any legal interests in the same. The direction, inter alia, can include an order restraining dispossession or a direction to remove himself on being satisfied that domestic violence had taken place. 41. Now, we proceed to notice certain provisions of Act, 2005, which are relevant for determination of the issues as arisen in the present appeal. According to Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viders etc. Section 12 occurring in Chapter IV-"Procedure for obtaining orders of reliefs" deals with details of application to Magistrate. Section 12 is as follows: 12. Application to Magistrate.-(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for Under Sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the Respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd prayed for removal of Respondent, his daughter-in-law from the first floor of the house. The Respondent had filed a written statement in the suit and claimed that the suit property is a shared household where the Respondent had right to reside. The submission of learned Counsel for the Appellant is that the premises is not a shared household since the husband of the Respondent neither has any share in the suit premises nor suit premises is a joint family property. In support of his submission, he relies on judgment of this Court in S.R. Batra and Ors. v. Taruna Batra (supra). 49. The definition of shared household given Under Section 2(s) as noticed above beginning with expression "shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the Respondent and includes..... The Section uses both the expressions "means and includes". A Three Judge bench judgment of this Court in Bharat Coop. Bank (Mumbai) Ltd. v. Coop. Bank Employees Union, (2007) 4 SCC 685 had occasion to consider Section 2(bb) of Industrial Disputes Act, 1947, which Section used both the words "means and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ociated Contractors, (2015) 1 SCC 32], SCC para 14, this Court has held that wherever the expression "means" is followed by the expression "and includes" whether with or without additional words separating "means" from "includes", these expressions indicate that the definition provision is exhaustive as a matter of statutory interpretation. It has also been held that the expression "and includes" is an expression which extends the definition contained in words which follow the expression "means".... 51. We may notice two more judgments relied by Shri Jayant Bhushan, learned Senior Counsel, i.e., The South Gujarat Roofing Tiles Manufacturers Association and Anr. v. The State of Gujarat and Anr., (1976) 4 SCC 601. Shri Bhushan's submission is that use of expression "includes" in Section 2(s) has to be read as means. He placed reliance on following observations made by this Court in paragraph 5: 5. XXXXXXXXXXXXXXXX ...Though "include" is generally used in interpretation clauses as a word of enlargement, in some cases the context might suggest a different intention. Pottery is an expression of very ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that the word "includes" must be read as "means". In this regard, the learned Counsel placed reliance upon two decisions of this Court, namely; (1) South Gujarat Roofing Tiles Manufacturers Assn. v. State of Gujarat [(1976) 4 SCC 601] and (2) RBI v. Peerless General Finance and Investment Co. Ltd. [(1987) 1 SCC 424]. 15. Lord Watson in Dilworth v. Stamps Commr. [1899 AC 99] made the following classic statement: (AC pp. 105-06) ... The word 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so used these words or phrases must be construed as comprehending, not only such things as they signify according to their natural import, but also those things which the interpretation Clause declares that they shall include. But the word 'include' is susceptible of another construction, which may become imperative, if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions defined. It may be equivalent to 'mean and include', and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and no other. 55. Now, reverting back to the definition of Section 2(s), the definition can be divided in two parts, first, which follows the word "means" and second which follows the word "includes". The second part which follows "includes" can be further sub-divided in two parts. The first part reads "shared household means a household where the person aggrieved has lived or at any stage has lived in a domestic relationship either singly or along with the Respondent". Thus, first condition to be fulfilled for a shared household is that person aggrieved lives or at any stage has lived in a domestic relationship. The second part subdivided in two parts is-(a) includes such a household whether owned or tenanted either jointly by the aggrieved person and the Respondent and owned or tenanted by either of them in respect of which either the aggrieved person or the Respondent or both jointly or singly have any right, title, interest or equity and (b) includes such a household which may belong to the joint family of which the Respondent is a member, irrespective of whether the Respondent or the aggrieved person has any right, title or interest in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Respondent and does not belong to the husband, hence, she cannot claim any right to live in the said house. Following was observed in paragraph 18: 18. Here, the house in question belongs to the mother-in-law of Smt. Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt. Taruna Batra cannot claim any right to live in the said house. 58. Before this Court, in the above case, the provisions of Act, 2005 were relied. This Court held that the Respondent was not residing in the premises in question, a finding of fact recorded by the court below which ought not to be interfered by the High Court Under Articles 226 or 227. After taking the aforesaid view, this Court observed that house in question cannot be said to be shared household. In paragraph 22, this Court held: 22. Apart from the above, we are of the opinion that the house in question cannot be said to be a "shared household" within the meaning of Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act"). 59. This Court also noticed Sections 17 and 19 and the argument of Respondent that household is a shared household since ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the exclusive property of Appellant 2, mother of Amit Batra. Hence it cannot be called a "shared household". 30. No doubt, the definition of "shared household" in Section 2(s) of the Act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society. 61. In paragraph 26, this Court observed "if the aforesaid submission is accepted, then it will mean that wherever the husband and wife lived together in the past that property becomes a shared household". 62. The observation of this Court in S.R. Batra v. Taruna Batra (supra) in paragraphs 24, 25 and 26 were made while considering the expression "person aggrieved lives or at any stage has lived". This Court observed in paragraph 26 that if the interpretation canvassed by learned Counsel for the Respondent is accepted that the house of the husband's relative where Respondent resided shall become shared household, shall lead to chaos and would be absurd. The expression "at any stage has lived" occurs in Section 2(s) after the words "where the person aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed household referred to in Section 2(s) is the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use or she is temporarily absent. 63. The words "lives or at any stage has lived in a domestic relationship" have to be given its normal and purposeful meaning. The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household. The intention of the parties and the nature of living including the nature of household have to be looked into to find out as to whether the parties intended to treat the premises as shared household or not. As noted above, Act 2005 was enacted to give a higher right in favour of woman. The Act, 2005 has been enacted to provide for more effective protection of the rights of the woman who are victims of violence of any kind occurring within the family. The Act has to be interpreted in a manner to effectuate the very purpose and object of the Act. Section 2(s) read with Sections 17 and 19 of Act, 2005 grants an entitlement in favour of the woman of the ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Vatsalben Ashokbhai Patel and Ors., (2008) 4 SCC 649. In the above case, this Court had occasion to consider the provisions of Act, 2005. The question which came for consideration in the above case has been noticed in paragraph 14 of the judgment, which is to the following effect: 14. The questions which arise for consideration are: (i) Whether in the facts and circumstances of the case, the property of Appellant 1 could have been sold in auction? and (ii) Whether in a case of this nature, the bail granted to the Appellants should have been directed to be cancelled? 66. In the above case, the complaint was filed by third Respondent against her husband and Appellant's father-in-law and mother-in-law Under Sections 406 and 114 of Indian Penal Code. The bail granted to the Appellants was cancelled. Proceedings Under Section 82 Code of Criminal Procedure were initiated attaching the properties of the Appellant. The learned Metropolitan Magistrate asked the District Magistrate to auction the attached properties. The properties of the Appellant was auctioned and this Court in the above case has held that the provisions of the Hindu Adoptions and Maintenance Act, 1956 that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttachment. (ii) The 3rd Respondent shall refund the sum of Rs. 1 lakh to the Respondent with interest @ 6% per annum. (iii) The amount of Rs. 4 lakhs deposited by the 1st Respondent shall be refunded to him immediately with interest accrued thereon. (iv) The 3rd Respondent should be entitled to pursue her remedies against her husband in accordance with law. (v) The learned Magistrate before whom the cases filed by the 3rd Respondent are pending should bestow serious consideration of disposing of the same, as expeditiously as possible. (vi) The 3rd Respondent shall bear the costs of the Appellant which are quantified at Rs. 50,000 (Rupees fifty thousand) consolidated. 70. In the above case, this Court has held that property of mother-in-law cannot be attached since the maintenance of wife during the married life is on the husband. The question which fell for consideration before this Court in above case was as to whether the property of the Appellant could have been sold in auction and the bail granted to the Appellants should have been cancelled as noted in paragraph 14. No issue regarding right to reside in a shared household had arisen in the above case and the above c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (f) of Sub-section 1 of Section 19 of the Act is intended to strike a balance between the rights of a daughter-in-law and her in-laws, if a claim to a shared residence by the daughter-in-law pertains to a building in which the matrimonial home was set up belongs to her mother-in-law or father-in-law. 73. Another judgment which need to be noticed of Delhi High Court is Preeti Satija v. Raj Kumari and Anr. In paragraphs 20 and 21, the Division Bench laid down following: 20. Crucially, Parliament's intention by the 2005 Act was to secure the rights of aggrieved persons in the shared household, which could be tenanted by the Respondent (including relative of the husband) or in respect of which the Respondent had jointly or singly any right, title, interest, or "equity". For instance, a widow (or as in this case, a daughter in law, estranged from her husband) living with a mother-in-law, in premises owned by the latter, falls within a "domestic relationship". The obligation not to disturb the right to residence in the shared household would continue even if the mother-in-law does not have any right, title or interest, but is a tenant, or entitled to "equ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, contrary to the scheme and the objects of the Act, as also the unambiguous text of Section 2(s), to restrict the application of the 2005 Act to only such cases where the husband alone owns some property or has a share in it. Crucially, the mother-in-law (or a father-in-law, or for that matter, "a relative of the husband") can also be a Respondent in the proceedings under the 2005 Act and remedies available under the same Act would necessarily need to be enforced against them. Against above judgment of Delhi High Court, Civil Appeal No. 9723 of 2014 is pending in this Court. 74. In another elaborate judgment, the Division Bench of Delhi High Court in Navneet Arora v. Surender Kaur and Ors. had considered the various aspects of Act, 2005. Dealing with right of residence in paragraphs 58 to 60, following was held: 58. It may be highlighted that the Act does not confer any title or proprietary rights in favour of the aggrieved person as misunderstood by most, but merely secures a 'right of residence' in the 'shared household'. Section 17(2) clarifies that the aggrieved person may be evicted from the 'shared household' but only in accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court does not come to rescue of learned Counsel for the Appellant. Shri Jauhar has also placed reliance on few judgments of other High Courts namely: S. No. Particulars Citation 1. Smt. Chanchal Agarwal v. Jagdish Prasad Gupta and Anr.. 2014 SCC Online All 16019 2. A.R. Hashir Najyahouse and Ors. v. Shima and Ors. 2015 SCC Online Ker 9007 3. Richa Gaur v. Kamal Kishore Gaur 2019 SCC Online All 4084 4. Payal Sancheti (Smt.) and Anr. v. Harshvardhan Sancheti MANU/RH/0805/2008 5. Kolli Babi Sarojini and Ors. v. Kolli Jayalaxmi and Anr. 2014 SCC Online AP 414 6. N.S. Leelawati and Ors. v. R. Shilpa Brunda MANU/KA/8874/2019 78. The above judgments of the High Courts have again relied on judgment of S.R. Batra v. Taruna Batra (supra), hence, they also do not support the claim of the Appellant. 79. Shri Jauhar also relied on a judgment of Three Judge Bench of this Court in Maria Margarida Sequeira Fernandes and Ors. v. Erasmo Jack De Sequeira, (2012) 5 SCC 370. Shri Jauhar placed reliance on paragraph 97 of the judgment, which enumerates few principles of law. Paragraph 97 is as follows: 97. Principles of law which emerge in this case are crystallised as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al officer who was transferred from time to time outside Goa. Therefore, on the request of her brother she gave possession of the premises to him as a caretaker. The caretaker holds the property of the principal only on behalf of the principal. 81. For the above reasons, the Court allowed the appeal and laid down the preposition of law as noted above in paragraph 97 of the judgment. The ratio as laid down in the above case of this Court is nothing to do with the issues, which have arisen in the present appeal and the reliance on the above judgment by learned Counsel for the Appellant is misplaced. 82. Now, coming back again to the facts of the present case, there being specific pleading on behalf of the Respondent that the house, which is in the name of the Appellant is the matrimonial home of the Respondent where she was residing in first floor since her marriage. The fact that Respondent is residing in first floor of the premises is not matter of dispute. Even if the house is in the name of the Appellant and that even if we accept the case of the Appellant that Appellant's son Raveen has no share in the house belonging to Appellant, with whom the Respondent was living in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the consideration is, whether the learned Trial Court was justified in passing the decree on alleged admission Under Order XII Rule 6 of the Code of Civil Procedure or not. What is required to be considered is what constitutes the admission warranting the judgment on admission in exercise of powers Under Order XII Rule 6, Code of Civil Procedure. This Court had occasion to consider above in decisions; Himani Alloys Limited v. Tata Steel Limited, (2011) 15 SCC 273 and S.M. Asif v. Virender Kumar Bajaj, (2015) 9 SCC 287. 87. In Himani Alloys Limited (supra), this Court had an occasion to consider the scope and ambit of judgment on admission in exercise of powers Under Order XII Rule 6, Code of Civil Procedure. It is observed and held in paragraph 11 that being an enabling provision, it is neither mandatory nor preemptory but discretionary for the Court to pass judgment on admission in exercise of powers Under Order XII Rule 6 Code of Civil Procedure. It is observed that the Court, on examination of the facts and circumstances, has to exercise its judicial discretion keeping in mind that a judgment on admission is a judgment without trial which permanently denies any remedy to the De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the heart. The Plaintiff suffers from hypertension and high blood pressure and is on constant medication for the same. As such the Plaintiff in his old age would like to live a peaceful life and has terminated the licence of the Defendant to stay in the first floor of the suit property which is the exclusive property of the Plaintiff. 4. That the Plaintiff is aggrieved by the torturous acts of the Defendant in filing false and frivolous cases and attempting to implicate the Plaintiff and his aged wife in false cases, the Plaintiff in his ripe old age prays for removal of the Defendant from the suit property so as to lead a tension free life without hurling of abuses and torture perpetrated by the Defendant. 5. That the Plaintiff is the sole and absolute owner of the suit property which was acquired by the Plaintiff from its previous owner namely Shri Kulbhushan Jain vide agreement to sell dated 12th January, 1983 for a sum of Rs. 2,77,000/- (Rupees Two lacs seventy seven thousand only) and after purchase of the said property the Plaintiff herein constructed the entire property including first floor of the suit property out of his own self acquired funds and the entire property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endant came to the suit property on 04.03.1995 as a 'Bahu' of the Plaintiff and legally wedded wife of his elder son Shri Raveen Ahuja. After the marriage the Defendant lived with the son of the Plaintiff Shri Raveen Ahuja in the joint family uninterruptedly and there was/is a joint kitchen. The Defendant has a right to reside in the suit property whether or not she has any right title or beneficial interest in the same. The son of the Plaintiff Shri Raveen Ahuja is residing with, the Plaintiff on the ground floor of the suit premises. In view of this, the stilt of the Plaintiff is not maintainable and is liable to be dismissed. 7. That the Plaintiff has not approached to this Hon'ble Court with clean hands and suppressed the true and material facts regarding causing physical and mental torture to the Defendant on account of domestic violence etc. by the Plaintiff his wife and their elder son. They also hatched a conspiracy against the Defendant in order to compel her to leave the matrimonial home in a deceit full manner. In view of this, the present suit is not maintainable and is liable to be dismissed. 91. The suit was filed by the Plaintiff claiming to be sole ow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore a civil court, family court or a criminal court being the aggrieved person. Thus, the Defendant is entitled to claim relief Under Section 19 in suit, which has been filed by the Plaintiff. Section 26 empowers the aggrieved person to claim above relief in Civil Courts also. In the present suit, it was defence of the Defendant that the house being the shared household, she is entitled to reside in the house as per Section 17(1) of Act, 2005. This Court had occasion to consider provision of Section 26 in Vaishali Abhimanyu Joshi v. Nanasaheb Gopal Joshi, (2017) 14 SCC 373. In the above case, the Appellant was married with one Abhimanyu with whom she was residing in suit Flat No. 4, 45/4, Arati Society, Shivvihar Colony, Paud Fata, Pune. The husband filed a suit for divorce against the Appellant. The father-in-law filed a suit in Small Cause Court for mandatory injunction praying that Defendant be directed to stop the occupation and use of the suit flat. The Appellant filed a written statement in the suit claiming that although the flat bears the name of the Respondent but she is residing in the suit flat. She filed a counter claim claiming that flat is a shared household and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... form the Magistrate of the grant of such relief. 24. There cannot be any dispute that proceeding before the Judge, Small Cause Court is a legal proceeding and the Judge, Small Cause Court is a civil court. On the strength of Section 26, any relief available Under Sections 18 to 22 of the 2005 Act, thus, can also be sought by the aggrieved person. 95. This Court held that Section 26 has to be interpreted in a manner to effectuate the purpose and object of the Act. This Court held that the determination of claim of the aggrieved person was necessary in the suit to avoid multiplicity of proceedings. This Court laid down following in paragraphs 40 and 41: 40. Section 26 of the 2005 Act has to be interpreted in a manner to effectuate the very purpose and object of the Act. Unless the determination of claim by an aggrieved person seeking any order as contemplated by the 2005 Act is expressly barred from consideration by a civil court, this Court shall be loath to read in bar in consideration of any such claim in any legal proceeding before the civil court. When the proceeding initiated by the Plaintiff in the Judge, Small Cause Court alleged termination of gratuitous licence of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment Under Order XII Rule 6. We, thus, concur with the view of the High Court that the judgment and decree of the Trial Court given Under Order XII Rule 6 is unsustainable. Question No. 5 99. Section 2(q) defines the 'Respondent' in following words: 2(q) "Respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act: Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner; 100. There are two conditions for a person to be treated to be Respondent within the meaning of Section 2(q), i.e., (i) in a domestic relationship with the aggrieved person, and (ii) against whom the aggrieved person has sought any relief under Act, 2005. It is to be noticed that the expression "any adult male person" occurring in Section 2(q) came for consideration before this Court in Hiral P. Harsora and Ors. v. Kusum Narottamdas Harsora and Ors. (2016) 10 SCC 165, where this Court has struck down the expression "adult male& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Section 2(a) of the Act, 2005. It is, further, relevant to notice that although learned Magistrate passed an interim order in the application filed by the Defendant Under Section 12 on 26.11.2016 but said order was interim order which was passed on the satisfaction of the Magistrate that "the application prima facie disclosed that the Respondent is committing or has committed an act of domestic violence". For granting any relief by the Civil Court Under Section 19 it has to be proved that the Respondent is committing or has committed an act of domestic violence on the aggrieved person. To treat a person as the "Respondent" for purposes of Section 2(q) it has to be proved that person arrayed as Respondent has committed an act of domestic violence on the aggrieved person. 104. We, thus, are of the view that for the purposes of determination of right of Defendant Under Sections 17 and 19 read with Section 26 in the suit in question the Plaintiff can be treated as "Respondent", but for the grant of any relief to the Defendant or for successful resisting the suit of the Plaintiff necessary conditions for grant of relief as prescribed under the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court Respondent shall be dispossessed. 107. We may take an example, where a final order has been passed by the Magistrate Under Section 12. What is the nature and life of the said order? Section 25(2) itself contemplates an eventuality when order passed under the Act can be altered, modified or revoked. Section 25(2) provides: Section 25. Duration and alteration of orders.- (1) xxx xxx xxx (2) If the Magistrate, on receipt of an application from the aggrieved person or the Respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. 108. Whether apart from powers of Magistrate Under Section 25(2) of the Act, 2005, the Act, 2005 contemplates any other eventuality when despite the order of residence Under Section 19 an aggrieved person can be evicted or dispossessed. 109. The right to reside in shared household as granted by Section 17 itself contemplates an exception in express words, i.e., "save in accordance with the procedure established by law". 110. The procedure prescribed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), in possession of the subject of dispute. Sub-section (6) of Section 145 Code of Criminal Procedure contemplates issuance of the order by the Magistrate declaring such party to be entitled to such possession. Sub-section (6), however, contemplates that the parties to be entitled to possession thereof until evicted therefrom in due course of law. The eviction in due course of law was contemplated to be by a competent court. 113. This Court had occasion to consider the expression "until evicted therefrom in due course of law" as occurring in Section 145(6) in Shanti Kumar Panda v. Shakuntala Devi, (2004) 1 SCC 438. This Court held in the above case that the purpose of provisions of Section 145 Code of Criminal Procedure is to provide a speedy and summary remedy so as to prevent a breach of the peace by submitting the dispute to the Executive Magistrate for resolution as between the parties disputing the question of possession over the property. This Court held that the unsuccessful party in proceedings Under Section 145 Code of Criminal Procedure ought to sue for recovery of possession seeking a decree or order for restoration of possession. In paragraph 12 following was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law in the context of Sections 145 and 146 Code of Criminal Procedure the effects of the order of Magistrate were recorded by this Court in paragraph 23, relevant part of which for the present case is as follows: 23. For the purpose of legal proceedings initiated before a competent court subsequent to the order of an Executive Magistrate Under Sections 145/146 of the Code of Criminal Procedure, the law as to the effect of the order of the Magistrate may be summarized as under: (1) The words 'competent court' as used in Sub-section (1) of Section 146 of the code do not necessarily mean a civil court only. A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the property forming subject matter of proceedings before the Executive Magistrate; (2) A party unsuccessful in an order Under Section 145(1) would initiate proceedings in a competent court to establish its entitlement to possession over the disputed property against the successful party, Ordinarily, a relief of recovery of possession would be appropriate to be sought for. In legal proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. We need not ponder for cases and circumstances where eviction or exclusion can be allowed or refused. It depends on facts of each case for which no further discussion is necessary in the facts of the present case. The High Court in the impugned judgment has also expressed opinion that suit filed by the Plaintiff cannot be held to be non-maintainable with which conclusion we are in agreement. 117. In case, the shared household of a woman is a tenanted/allotted/licensed accommodation where tenancy/allotment/license is in the name of husband, father-in-law or any other relative, the Act, 2005 does not operate against the landlord/lessor/licensor in initiating an appropriate proceedings for eviction of the tenant/allottee/licensee qua the shared household. However, in case the proceedings are due to any collusion between the two, the woman, who is living in the shared household has right to resist the proceedings on all grounds which the tenant/lessee/licensee could have taken in the proceedings. The embargo Under Section 17(2) of Act, 2005 of not to be evicted or excluded save in accordance with the procedure established by law operates only against the "Respondent", i.e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son, Raveen Ahuja, the husband of the Respondent, hence, he was not a necessary party but in view of the fact that Respondent has pleaded her right of residence in shared household relying on Sections 17 and 19 of the Act, 2005 and one of the rights which can be granted Under Section 19 is right of alternate accommodation, the husband is a proper party. The right of maintenance as per the provisions of Hindu Adoption and Maintenance Act, 1956 is that of the husband, hence he may be a proper party in cases when the Court is to consider the claim of Respondent Under Sections 17 and 19 read with Section 26 of the Act, 2005. 120. Civil Procedure Code, Order I Rule 10 empowers the Court at any stage of the proceedings either on an application or suo moto to add a party either as Plaintiff or Defendant, whose presence before the Court may be necessary in order to enable the Court effectively and completely adjudicate upon and settle all the questions involved in the suit. The High Court in paragraph 56(i) has issued following directions: 56. In these circumstances, the impugned judgments cannot be sustained and are accordingly set aside. The matters are remanded back to the Trial Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made by the High Court that those judgments do not consider the effect of initiation and pendency of proceedings under Act, 2005. 124. What is the effect of an interim order or a final order passed Under Section 19 of the Act, 2005 on a civil proceeding initiated in a court of competent jurisdiction, is a question, which need to be answered? Whether in view of the pendency of proceedings under the D.V. Act any proceedings could not have been initiated in a Civil Court of competent jurisdiction or whether the orders passed under D.V. Act giving right of residence by interim or final order are binding in Civil Court proceedings and Civil court could not have taken any decision contrary to directions issued in D.V. Act are the related questions to be considered. 125. Section 17(2) itself contemplates eviction or exclusion of aggrieved person from a shared household in accordance with the procedure established by law. The conclusion is inescapable that a proceeding in a competent court for eviction or exclusion is contemplated by the Statutory Scheme of Act, 2005. Thus, there is neither any express nor implied bar in initiation of civil proceedings in a Court of competent jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial. 41. Relevancy of certain judgments in probate, etc., jurisdiction.-- A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof-- that any legal character which it confers accrued at the time when such judgment, order or decree came into operation; that any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... privy but such judgments, orders or decree are not conclusive proof of that they state. Section 43 says that judgment other than those mentioned in Sections 40 to 42 are irrelevant unless the existence of judgment, order or decree is fact in issue or is relevant under some other provisions of the Act. In the facts of the present case, where there are pleadings in the suit in question regarding proceeding Under Section 12 the existence of orders passed under Act, 2005 are relevant and admissible in Civil Proceedings. 130. The proceedings under D.V. Act, 2005 are proceedings which are to be governed by Code of Criminal Procedure, 1973. 131. The procedure to be followed by the magistrate is provided Under Section 28 of the D.V. Act and as per Section 28 of the D.V. Act, all proceedings Under Sections 12, 18, 19, 20, 21, 22 and 23 and offences Under Section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973. Even Sub-section (2) of Section 28 provides that the magistrate can lay down its own procedure for disposal of an application Under Section 12 or Under Sub-section (2) of Section 23. However, for other proceedings, the procedure is to be followed as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on conjoint reading of Sections 12(2), 17, 19, 20, 22, 23, 25, 26 and 28 of the D.V. Act, it can safely be said that the proceedings under the D.V. Act and proceedings before a civil court, family court or a criminal court, as mentioned in Section 26 of the D.V. Act are independent proceedings, like the proceedings Under Section 125 of the Code of Criminal Procedure for maintenance before the Magistrate and/or family court and the proceedings for maintenance before a civil court/family court for the reliefs under the Hindu Adoption and Maintenance Act. However, as observed hereinabove, the findings/orders passed by the one forum has to be considered by another forum. 137. Now, we proceed to examine effect of orders passed under criminal proceedings, i.e., Act, 2005 on the civil proceedings and consequence of any conflict in proceedings under D.V. Act as well as civil proceedings. 138. We make it clear that in the present case we are called upon to examine the consequences and effect of orders passed Under Section 19 of D.V. Act, 2005 on civil proceedings in a court of competent jurisdiction. Thus, our consideration and exposition are limited qua orders passed Under Section 19 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossibility of conflicting decisions" was noticed by this Court qua civil and criminal proceedings which is a possible and probable consequence of decision taken in two proceedings. 142. We may notice a judgment of this Court dealing with Section 43 of the Indian Evidence Act, i.e., S.M. Jakati and Anr. v. S.M. Borkar and Ors. AIR 1959 SC 282. This Court in the above case had occasion to consider the relevancy of the effect and consequence of an order passed by Deputy Registrar of Cooperative Society in a suit filed for partition of joint family property, which was sold in auction in consequence of orders passed by the Deputy Registrar for the Society. The relevancy of orders of Deputy Registrar Under Section 43 of the Evidence Act came to be considered and this Court noticing the principle of Section 43 of Evidence Act laid down following in paragraph 11: 11. In the case now before us the Appellants have attempted to prove that the debt fell within the term Avyavaharika by relying upon the payment order and the findings given by the Deputy Registrar in the payment order where the liability was inter alia based on a breach of trust. Any opinion given in the order of the Depu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited extent and criminal proceedings are not required to be dropped as soon as a decree is passed in the civil suit. The submission of learned Additional Advocate General has been noticed in paragraph 15 of the judgment. This Court accepted the submission of the learned Additional Advocate General. Paragraphs 15 and 16 of the judgment are as follows: 15. Learned Additional Solicitor-General Shri Altaf Ahmed appearing for the Respondents submitted that the observation made by this Court in V.M. Shah case [(1995) 5 SCC 767: 1995 SCC (Cri.) 1077] that the finding recorded by the criminal court, stands superseded by the finding recorded by the civil court and thereby the finding of the civil court gets precedence over the finding recorded by the criminal court (SCC p. 770, para 11) is against the law laid down by this Court in various decisions. For this, he rightly referred to the provisions of Sections 41, 42 and 43 of the Evidence Act and submitted that under the Evidence Act to what extent judgments given in the previous proceedings are relevant is provided and therefore it would be against the law if it is held that as soon as the judgment and decree is passed in a civil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that no hard-and-fast Rule can be laid down and that possibility of conflicting decision in civil and criminal courts is not a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one court binding on the other, or even relevant, except for limited purpose such as sentence or damages. 33. Hence, the observation made by this Court in V.M. Shah case [(1995) 5 SCC 767] that the finding recorded by the criminal court stands superseded by the finding recorded by the civil court is not correct enunciation of law. Further, the general observations made in Karam Chand case [(1970) 3 SCC 694] are in context of the facts of the case stated above. The Court was not required to consider the earlier decision of the Constitution Bench in M.S. Sheriff case [AIR 1954 SC 397] as well as Sections 40 to 43 of the Evidence Act. 34. In the present case, after remand by the High Court, civil proceedings as well as criminal proceedings are required to be decided on the evidence, which may be brought on record by the parties. 146. We have noticed above judgment of this Court in Shanti Kumar Panda (supra) while considering the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sulted into the given declaration being made on a particular date. The competent court would be free to record its own findings based on the material before it even on the question of possession which may be inconsistent with or contrary to the findings arrived at by the Magistrate. 147. We may observe that the observations made by this Court in Shanti Kumar Panda (supra) were in reference to statutory scheme Under Sections 145 and 146 Code of Criminal Procedure and had to be read in reference to statutory scheme which came for consideration before this Court. 148. We may notice a Constitution Bench judgment of this Court in Iqbal Singh Marwah and Anr. v. Meenakshi Marwah and Anr., (2005) 4 SCC 370 where the Constitution Bench laid down that there is neither any statutory provision nor any legal principle that the findings recorded in one proceeding may be treated as final or binding in the other, as both the cases have to be decided on the basis of the evidence adduced therein. In paragraph 32, following was laid down: 32. Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal courts, it is necessary to point ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation would be binding in a civil proceeding. Referring to Section 40 of the Indian Evidence Act, this Court laid down following in paragraph 23: 23. XXXXXXXXXXXXXXXXXXXX This principle would, therefore, be applicable, inter alia, if the suit is found to be barred by the principle of res judicata or by reason of the provisions of any other statute. It does not lay down that a judgment of the criminal court would be admissible in the civil court for its relevance is limited. (See Seth Ramdayal Jat v. Laxmi Prasad [(2009) 11 SCC 545]. The judgment of a criminal court in a civil proceeding will only have limited application viz. inter alia, for the purpose as to who was the Accused and what was the result of the criminal proceedings. Any finding in a criminal proceeding by no stretch of imagination would be binding in a civil proceeding. 152. A Two Judge Bench of this Court in Kishan Singh (Dead) Through LRs. v. Gurpal Singh and Ors., (2010) 8 SCC 775 after noticing the several earlier judgments concluded that finding of fact recorded by the civil court do not have any bearing so as the criminal case is concerned and vice versa. In paragraph 18, following was laid down: 18. Thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiff is able to prove her case. The order passed under D.V. Act whether interim or final shall be relevant and have to be given weight as one of evidence in the civil suit but the evidentiary value of such evidence is limited. The findings arrived therein by the magistrate are although not binding on the Civil Court but the order having passed under the Act, 2005, which is an special Act has to be given its due weight. 155. We need to observe that in event a judgment of criminal court is relevant as per Sections 40 to 43 of Evidence Act in civil proceedings, the judgment can very well be taken note of and there is no embargo on the civil court to place reliance upon it as a corroborative material. We may notice a judgment of Madras High Court in K. Subramani v. Director of Animal Husbandry, Chennai, (2009) 1 MLJ 363 where Madras High Court has made following observations in paragraph 7: 7. A decision of the Criminal Court does not have the effect of binding nature on the proceedings before the Civil Court including the Motor Accident Claims Tribunal for the reason that the proof in both the Civil and Criminal cases are having two different categories of standards. In criminal ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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