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Landmark cases on "Shared Household"

Landmark cases on "Shared Household"

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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.

 Also read - Difference between - Common Intention and Criminal Conspiracy



[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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