Landmark cases on "Shared Household"
SUPREME COURT ON THE QUESTION OF SHARED HOUSEHOLD
S.R. Batra Vs
Taruna Batra[1]
Held - Husband
and wife living in a house owned by mother of the husband. Held – house
owned by mother does not come within the definition of shared household u/s 2
(s) of the Act. Shared household would mean only the house belonging to or
taken on rent by the husband or the house which belongs to the joint family of
which husband is a member.
Avtar Singh
Vs Jaswinder Kaur[2]
Held - Shared
household means the house belonging to or taken on rent by the husband or the
house which belongs to the joint family of which husband is a member.
Lokesh Kiran
Kumar Shah Vs Shradha Lokesh Shah and another[3]
Held - House
which neither belongs to husband nor belongs to the joint family of which
husband is a member cannot be covered by term ‘shared household’. House owned
by husband’s father being his self-acquired property is not shared
household. Petitioner wife entitle to alternate accommodation.
GA Ferris Vs
Svetlana Alexandrovna[4]
Held - Property
in question which is exclusively in the name of mother in law is her absolute
property. Such house cannot be claimed by petitioner wife as shared household.
Wife is only entitled to claim right to residence in shared household and
shared household would mean only the house belonging to or taken on rent by the
husband or house which belongs to joint family of which husband is a member.
Anukriti
Dubey Vs Partha Kansabanik and anr[5]
Held - Husband
and wife living in a rented house. Husband left the house after the expiry of
tenancy. Held – house does not remain shared household. Wife not
entitled to live in the house and landlord entitled to evict her. Further held – DR
would not exist between persons who are not related by consanguinity marriage
or through relationship in nature of marriage adoption or are not family
members living together as joint family. A deserted wife in occupation tenanted
premises cannot be placed in a position which is different from her husband if
he had contested suit for eviction.
Vijay Verma Vs St (NCT Delhi)[6]
Held - Casual
visit of a daughter in law to the house of father in law will not amount to
living or live together in a shared household for the purpose of DR (Defending
Respondent). only the violence committed by a person while living in the shared
household can constitute DV. Further held – where a male or a female
attains self-sufficiency after education or otherwise and takes up a job and
lives in some other city or country, enjoys life there, settles home
there, he cannot be said to have DR with the persons whom he left behind.
A.R.Hashir Vs
Sheema and others[7]
Held - A
residence belonging to the mother in law or father in law would not be a shared
household.
HOUSE OWNED BY MOTHER IN LAW – WHETHER SHARED HOUSEHOLD
OF DAUGHTER IN LAW
Varinder Kaur
Vs Jatinder Kumar and another[8]
Held – A
daughter in law has not right to live in the self-acquired house of mother in
law or father in law. The same is not a shared household.
HOUSE OWNED BY FATHER- IN-LAW – WHETHER SHARED HOUSEHOLD
OF DAUGHTER IN LAW
Suman Vs
Tulsi Ram[9]
Held – House exclusively belong to the father in law. Husband of the aggrieved person lived separately. AP (Appealing Petitioners) has no right to live in the house of her father in law as exclusive property of the father in law cannot be termed as shared household.
[1] 2007 (1) RCR (Crl) 403 (SC)
[2] 2015 (3) RCR (Crl) 461 (P&H)
[3] 2013 (1) Crimes 208 (BOM)
[4] 2015 (1) DMC 408 (KAR)
[5] 2016 (3) RCR (Crl) 284 (DEL)
[6] 2010 (3) LRC 291 (DEL)
[7] 2015 (3) RCR (Crl) 683 (KERELA)
[8] 2016 (4) RCR (Crl) 861; Law
Finder ID # 802244 (P&H)
[9] 2015 (1) RCR (Civil) 304; Law
finder ID # 636224 (P&H)
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