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Judgment
SACHIN DATTA, J. (ORAL)
The present petition has been filed by the petitioner invoking Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”), seeking the following prayers:
The petitioner is the wife of respondent no.1; respondent no.2 is the mother of respondent no.1; and respondent nos. 3 and 4 are the other relatives of respondent no.1, residing in the same house at F-15, Gali No. 4, Mohan Baba Nagar, Tajpur Road, Badarpur Border, New Delhi – 110044 (hereinafter “the shared household”). The petitioner and respondent no.1 have two minor children, who are presently residing with the petitioner.
The petitioner alleges that on 07.04.2026, when she went to the shared household along with her minor child, she was assaulted and denied entry into the house. A complaint under Section 12 read with Sections 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter “DV Act”), along with an application under Section 19 seeking a residence order, came to be filed by the petitioner on 10.04.2026, which was registered as CT Case No. 1183/2026.
On 15.04.2026, learned Magistrate found, prima facie, domestic relationship and shared household of the petitioner with respondent nos. 1 and 2, issued notice to them, and also called for domestic incident report (‘DIR’), deferring the decision on summoning the remaining respondents till the receipt of the DIR. The DIR was, thereafter, received and, on 02.06.2026, respondent nos.3 and 4 were also summoned and the following order came to be passed:
“Respondent No. 3 and 4 not yet summoned.
Arguments on summoning of remaining respondents heard.
DIR received and perused.
The averments in the petition prima facie reflect sharing of domestic relationship by the aggrieved person in a shared household with R1 & 2 (Already summoned vide 15.04.2022), R3 and R4.
Further, there are allegations of domestic violence against the respondents and accordingly there is sufficient material on record to summon R3 & R4. Therefore, issue notice of the present petition to R3 namely, Vinay Rathore and R4 namely, Ranjana Rathore on filing of PF/RC within one week from today, through all permissible modes including service through electronic modes, returnable for next date of hearing. In case the house of the respondents is found to be locked, the process server is directed to affix the notice on a conspicuous place.
Notice be also sent through speed post and internet generated tracking report of notice sent through speed post along with affidavit of service be placed on record on the NDOH.
Ld. Counsel for respondent submits that he has not received the copy of complaint and documents.
Let copy be supplied today itself against acknowledgement.
Respondent are at liberty to file reply on the NDOH.
Put up for appearance of remaining respondents and further proceedings on 17.09.2026.”
Learned counsel for the petitioner submits that the petitioner sustained severe burn injuries over more than 80% of her body surface area in an incident of 01.04.2025, and that she, along with her two minor children have been left without shelter. It is further pointed out that under Section 12(5) of DV Act, the learned Magistrate is to endeavour to dispose of the complaint within sixty days from the date of its first hearing.
Considering the facts and circumstances, the present petition is disposed with the following directions:
Learned JMFC-01 (Mahila Court)-01, South East District, Saket Courts, New Delhi shall decide the petitioner’s application under Section 19 of the DV Act in CT Case No. 1183/2026, including the question of interim residence/alternative accommodation under Section 23, within a period of four weeks from the date of receipt of this order;
The respondents shall file their replies to the said application, if not already filed, within a period of two weeks from today. Rejoinder thereto, if any, be filed within a period of three days thereafter;
In case of a default, the Magistrate may decide the matter on the basis of the material on record; and
Till the completion of the aforesaid excise, the respondents shall not create any third party rights in the shared household.
It is clarified that nothing stated herein shall be construed as an expression of opinion on the merits of the case, and the learned Magistrate shall decide the application uninfluenced by any observation made in this order.
A copy of this order be sent to the learned trial Court for information and compliance
The petition is disposed of in the above terms. Pending application also stands disposed of.
Order dasti.