IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 243 of 2025 Decided on 16th July 2025 Smt. Asha Sharma …Petitioner Versus Vijay Lakshmi and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. J.P. Sharma, Advocate. For the respondents: Mr. Ashok Tyagi, Advocate, for respondent No.1. Mr. Arun Kumar, Advocate, for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this writ petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:- (i) “It is therefore, most respectfully prayed that the present petition may kindly be allowed and order dated 18.03.2025, passed by the learned ACJM< Paonta Sahib, District Sirmour, H.P. in case No.208/2025, titled as Vijay Lakshmi versus Asha and others and order dated 05.04.2025 passed by the learned Additional Session Judge, Sirmour at Paonta, District Sirmour, .P. in criminal appel No.40/10/2025 case titled as Asjha Sharma versus Vijay Lakshmi, may kindly be quashed and set aside and application filed by respondent No.1 U/s 23 of Domestic Violence Act, may kindly be dismissed” 2 2. To cut the controversy short, the petitioner is the daughter-in-law of respondent No.1 and wife of respondent No.2. She is aggrieved by the interim order passed in an application filed under Section 23 of the Protection of Women from Domestic Violence Act 2005, which application was preferred by respondent No.1, whereupon order was passed by the learned Additional Chief Judicial Magistrate, Paonta Sahib on 18.03.2025, as well as by the order that was passed by the learned Appellate Authority in the appeal that was preferred by the petitioner against the order passed by the 1st Authority. 3. During the course of his submissions, learned counsel for the petitioner submitted that the petitioner has strained relationship with her husband. In terms of the impugned order, the accommodation, which is on the 1st floor of the property has been given to the petitioner and she has to reside there alongwith other tenants, majority of whom are bachelors with her two year old daughter, which is practically not feasible. Learned counsel has drawn the attention of the Court to the orders that have been passed by the learned Courts below and submitted that in terms of the impugned order, the parents and the relatives of the petitioner stand injuncted from residing in the said shared household. Learned 3 counsel submitted that this is causing grave practical issues to the petitioner and it is very difficult for her to live all alone with her two old daughter. 4. On the other hand, learned counsel for the respondents has submitted that it is evident from the orders passed by the learned Courts below that the endeavor of the petitioner and her family members was to oust respondent No.1 from the property, which actually belonged to her late husband. He further submitted that it is for this reason that the parents and relatives of the petitioner herein were injuncted from residing in the shared household to safeguard the life and property of respondent No.1. 5. Be that as it may, taking into consideration the fact that the order that was passed by the 1st Authority is just an interim arrangement that has been ordered by the said Authority and the application to yet to be adjudicated finally, without making any observation on the merit of the issues raised by the parties before this Court, as agreed, this petition is disposed of with the direction that the order passed by the learned Additional Chief Judicial Magistrate, dated 18.03.2025, as upheld by the learned Appellate Authority, is modified to the extent that the petitioner is hereby allowed to have her mother reside with her in the shared household so that there is at least one another lady with the petitioner and her 4 two year old minor daughter. However, except the mother of the petitioner, none other shall reside in the shared household. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 16, 2025 (Vinod)