The sessions court said the magistrate's order declining any interim relief to the woman was not sustainable under law.
"What emerges from the discussion is that appellant who is an old lady, is out of possession of her own property and despite approaching the competent court of law, no interim reliefs have been granted to her by the court below. The view taken by trial court while declining to grant interim reliefs, is not sustainable under the law...," Additional Sessions Judge Vidya Prakash said.
It allowed her appeal, set aside the trial court's November 2014 order and remanded the case back to it with a direction to pass a speaking order on the petition under the Domestice Violence Act filed by her.
In her plea, the woman, a resident of Rohini in north west Delhi, said she was the owner of the flat and was in possession of the property till July 2012 before being thrown out by her son and daughter-in-law.
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She has also sought various interim reliefs including protection order, residence order, monetary compensation and damages from her son and his wife.
The woman claimed that the trial court had failed to consider DIR and status report filed by police.
The woman's son argued that they have already given undertaking in the trial court that they were ready to give proper care, food, clothes and medicines to their mother.
The couple, however, claimed that the woman's case was a counter blast as they have also filed a separate domestic violence case against her.