NIHARIKA GHOSH @ NIHARIKA KUNDU vs SHANKAR GHOSH & ANR.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th May, 2026 + CRL.M.C. 4982/2023, CRL.M.A. 18955/2023, CRL.M.A. 18956/2023, CRL.M.A. 16394/2024 & CRL.M.A. 649/2025 NIHARIKA GHOSH @ NIHARIKA KUNDU .....Petitioner Through: Mr. Vivek Sood, Senior Advocate with Mr. O.P. Gulabani, Mr. Pankhuri Jain and Ms. Sanskriti Tiwari, Advocates along with petitioner-in-person versus SHANKAR GHOSH & ANR. .....Respondents Through: Ms. Inklee Roy Baroah, Advocate for R-1 & R-2 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point raised in the present petition is a very short one. 2. Petitioner herein had filed a complaint under Section 12 Protection of Women from Domestic Violence Act, 2005 and during the pendency of the aforesaid petition, she filed an application for recalling of one earlier order dated 25.11.2021 qua repair of the portion occupied by her and to provide her with alternative accommodation in the same shared household. 3. Prayer of the aforesaid application reads as under: - “In view of the above said facts and considering the totality of the circumstances it is most respectfully prayed that this Hon'ble Court, may kindly be pleased to (i) Recall the order dated 25.1 L2021 qua the repairs of the portion in use and occupation of the aggrieved; Signature Not Verified Digitally Signed CRL.M.C. 4982/2023 1 By:SONIA THAPLIYAL Signing Date:08.05.2026 11:29:50 (ii) Direct the respondent no. 1 to provide alternative accommodation of similar in size and amenities in the same shared household; (iii) Any other or further order/s in favour of the aggrieved may also be passed in the interest of justice.” 4. According to petitioner, the portion in which she was residing was, almost, inhabitable but according to her, there was another portion i