Classic case of Knife falsifying in court to grab monies from her mother-in-law. Hon’ble court held that no Shared household proved so no DV and hence dismissed the false petition.
From Para 11,
Shaik Noorjahan Vs Shaik Dilshad Begam on 28 April, 2015
Now the point that is to be determined, whether the petitioner being daughter-in-law of respondent suffered violence as mentioned under the act by the respondent. On this aspect, the petitioner though stated rivalry stating that the respondent and her daughter harassed her physically and mentally for want of additional dowry, coming to her chief examination itself it is admitted by her that on 30.03.2010 her husband died due to ill-health, after the death of her husband when she went to her in-law’s house along with her children, the respondent did not allow her into the house, which means, it is clear that she has been residing separately along with her husband away from the house of respondent. Moreover coming to the cross-examination of P.w.2, it is admitted by him that his daughter and son-in-law used to reside separately in a separate house on rent basis and the intimation about the death of his son-in-law was informed to his mother by the owner of the house in which his daughter and her husband resided. So, from the above admissions itself it is clear that the petitioner and her husband resided separately from the respondent. So, the concept of shared house hold does not arise as it is admitted by petitioner that the petitioner resided separately from the respondent. Moreover on this aspect this Court inclined to rely upon the Judgments of Hon’ble Supreme Court in S.R.Batra and Another V. Smt. Taruna Batra (AIR 2007 S.C. 1118 and 1119), in Neetu Mittal V. Kanta Mittal and Others (AIR 2009 DELHI 72 and 72) and in Umesh Sharma V. State (AIR 2010 (NOC) 515 (DEL.).