JYOTI vs STATE NCT OF DELHI & ORS.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th February, 2026 + CRL.M.C. 1575/2026 & CRL.M.A. 6373/2026 & CRL.M.A. 6374/2026 JYOTI .....Petitioner Through: Mr. Sunil Kumar, Advocate. versus STATE NCT OF DELHI & ORS. .....Respondent Through: Mr. Raj Kumar, APP for the State. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks setting aside of order dated 31.01.2026 passed by District Magistrate Court (West) in Eviction Petition No.1239/DCW/2025 tilted as Smt. Vijay Rani vs. Sh. Ajit Kumar and Anr. whereby she has been directed to be evicted from the premises in question within 30 days. 2. The foremost grievance of the petitioner is to the effect that, she already had an order from the concerned Magisterial Court before whom she had filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (PWDV Act) and while considering the same, the learned Magisterial Court vide order dated 13.12.2025 has restrained respondent No.3 herein from dispossessing the petitioner as well as her two minor children from the shared household, except with due course of law until further orders. 3. It is submitted that since the legal representation is prohibited in the such Eviction Proceedings filed under Maintenance and Welfare of Parents Signature Not Verified Digitally Signed CRL.M.C. 1575/2026 1 By:DINESH CHANDRA Signing Date:26.02.2026 18:56:43 and Senior Citizens Act 2007 and Rules made thereunder, the abovesaid aspect could not be highlighted by her before the learned District Magistrate Court which has resulted in the abovesaid eviction order and apparent paradox. Learned counsel for the petitioner relying upon Smt. S. Vanitha vs. The Deputy Commissioner Bengaluru Urban District & Ors. (2021) 15 SCC 730