Parveen Tandon vs Tanika Tandon on 7 June, 2021

2. Facts, in brief, leading to the present petitions are as under:
a) The respondent herein filed an application under Section 12 of
the Protection of Women from Domestic Violence Act, 2005
(hereinafter referred to as “the DV Act”) before the Chief
Metropolitan Magistrate, Tis Hazari Court, stating inter alia that she
was married when she met the petitioner herein in the year 2009. She
got married to him in the year 2014 after obtaining a divorce from her
husband. It is stated that the applicant/respondent herein has a son
namely, Master Jatin, aged 13 years, from her previous marriage. The
child is presently studying in Shadley Public School, Delhi. It is stated
that the petitioner herein is running a business of motor-parts from his
shop. It is also stated that the petitioner herein has other shops which
he has given on rent and he earns about Rs.10 lakhs per month from
his business. It is stated that the petitioner herein had not disclosed his
marital status to the applicant/respondent herein when they both met
so as to induce the respondent to marry him. It is further stated that
the petitioner herein executed a Marriage Agreement to show his
genuineness and responsibility towards the applicant/respondent
herein and her child. It is stated that in the agreement it was
mentioned that the applicant/respondent herein was married and has a
son from her previous marriage. It is stated that later the petitioner
herein told the respondent that his wife is on dialyses and would not
survive long and therefore he is looking for a life partner and that he

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is going to marry the applicant/respondent herein. It is stated that the
applicant/respondent herein took divorce from her husband and got
married to the petitioner herein on 21.11.2014. It is stated that another
Agreement-cum-Marriage Deed was entered into between the
petitioner herein and the applicant/respondent herein on 22.11.2014. It
is stated that the petitioner herein had arranged a rental
accommodation and both of them were living as husband and wife. It
is further mentioned that the name of the petitioner herein is shown as
the father of the child of the applicant/respondent herein in the school
records. It is also stated that in the bank accounts of the respondent
herein, the petitioner is shown as a nominee. It is stated that
differences arose between the parties and the applicant/respondent
was subjected to physical and mental abuse by the petitioner herein. It
is stated that the applicant/respondent herein filed an FIR against the
petitioner herein. The applicant/respondent herein therefore prayed for
an order restraining the petitioner herein from evicting the
applicant/respondent herein from the rented accommodation. An
application for grant of interim maintenance has also been filed by the
respondent herein.

Source: Indian Kanoon

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