S.R. BATRA AND ANR. versus SMT. TAR UNA BATRA

S.R. BATRA AND ANR. versus SMT. TAR UNA BATRA

A wife cannot claim a right to reside in property owned exclusively by her mother-in-law as a 'shared household' under the Protection of Women from Domestic Violence Act, 2005; the remedy and right to residence or alternative accommodation provided by Sections 17 and 19(1) can only be enforced against the husband or in respect of property where the husband has an interest, and not against in-laws or their exclusive property.

Parties
Appellant: S.R. Batra and another; Respondent: Smt. Taruna Batra
Jurisdiction
India
Judgment Date
15 December 2006
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal allowed; High Court judgment set aside; order of Senior Civil Judge upheld; Contempt petition dismissed.
Legal Topics
Matrimonial Home, Right to Residence, Protection of Women From Domestic Violence Act, Shared Household
Family Law Property Law Domestic Violence Matrimonial Home Right to Residence Protection of Women From Domestic Violence Act Shared Household

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

S.R. Batra and another

Appellant

Smt. Taruna Batra

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether a wife can claim a right to reside in the house owned exclusively by her mother-in-law as a 'shared household' under the Protection of Women from Domestic Violence Act, 2005
  2. 2 Interpretation of 'shared household' under Section 2(s), 17, and 19 of the Protection of Women from Domestic Violence Act, 2005

Ratio Decidendi

A wife cannot claim a right to reside in property owned exclusively by her mother-in-law as a 'shared household' under the Protection of Women from Domestic Violence Act, 2005; the remedy and right to residence or alternative accommodation provided by Sections 17 and 19(1) can only be enforced against the husband or in respect of property where the husband has an interest, and not against in-laws or their exclusive property.

Court Disposition

Appeal allowed; High Court judgment set aside; order of Senior Civil Judge upheld; Contempt petition dismissed.

Orders

  • Appeal allowed
  • Impugned judgment of High Court set aside