...order dated 06.08.2013, the learned appellate Court modified the order so far as it relates to an amount of reasonable rent to be paid in lieu of shared house hold, which came to be reduced from Rs.2000...amount in lieu of shared house hold from Rs.2000/- to Rs.1500/-, that too, from the date of an order passed by the learned Magistrate awarding the same claiming it to be entitled from the date of filing.... 6. Heard Mr. M.M. Saiyed, learned advocate for the applicants in Special Criminal Application. According to his submission, the order of shared house hold cannot be enforced...

..., 2005 seeking the following reliefs:(i) the husband should not evict her from the “shared house hold” at No. 309, II Phase, New Tamil Nadu Housing Board Colony, Krishnagiri...cross examination. However, both the Courts below have failed to take into consideration this vital fact and ordered the relief of shared house hold, which the respondent/wife is not entitled to or in the...petitioner/husband is not willing to permit her to reside in the shared house hold, he was directed to pay the rent, which was confirmed by the first appellate Court.(iv) As per Section...

...-law of the revision petitioner had already obtained a residence order to live in the shared house-hold invoking the provision under...Additional Chief Judicial Magistrate, Jind, was stayed.5. The shared house-hold means a house-hold where wife lives or at any stage has lived in a domestic relationship either singly or...Section 19 of the 2005 Act restraining the husband or his relatives from dispossessing or in any manner disturbing the possession of the wife from such shared house-hold.6. The...

...would even be done away with if she continues in the shared house hold home without sufficient and adequate protection under the law.3. The revision petitioner entered appearance in the...trial court and filed objection statement contending that his wife in fact left the shared house hold on her own, and she has been residing separately without any reason or excuse. He denied all the...allegations of cruelty, and he also denied the allegation of neglect to maintain. His grievance is that if he is not allowed to continue in the shared house hold he will have to go street, and if the...

...the same shared house-hold and have been falsely implicated. Counsel however, candidly admitted that the husband-applicant no.3/Jaswant Solanki was living separately with the respondent /wife-Seema and...shared house hold. More so she submitted that applicant no.4/Kavita Chawda was married sister-in-law and unnecessarily being put to embarrassment and trouble to attend the Court proceedings though she has...(2007) DLT 1 (SC)], whereby the Apex Court had held that the wife, is only entitled to claim any protection or maintenance under the act, in a share house hold in which husband has a share and “a shared household...

...that respondent-wife is entitled to reside in the shared house hold.Consequently, the petitioner was directed to provide accommodation to the respondent in the shared house hold and...the Act would not be maintainable.In the instant case, both the courts below have held the entitlement of the petitioner to reside in the shared house hold which has many rooms as per.... The respondent wife tried to live in the shared house with the petitioner and his father but they did not allow her. She also lodged FIR under sections 406 and 498-A IPC against the petitioner and...

...order in respect of awarding exparte maintenance and had affirmed the order in respect of other reliefs sought for, including the shared house-hold of the respondent by the petitioner and remanded the...order passed in respect of the shared house-hold of the respondent by the petitioner, the petition is maintainable.6. As already observed, the learned Magistrate has dismissed the...house-hold of the respondent. The learned Magistrate by his order dated 1.1.2011 allowed the interim application filed by the petitioner and directed the respondent to pay monthly interim maintenance...

...property, under the provisions of the Protection of Women from Domestic Violence Act, 2005. The said statute alone gives her a right to seek injunction. She cannot be evicted from the shared house hold unless...property. Injunction should have been confined to the shared house hold alone. To that extent, the judgment of the Family Court is liable to be interfered. 5. Learned counsel for the...the petition schedule properties. It is made clear that the respondent wife will have the right of residence alone in the shared house hold situated in Item No. 1 property. No costs....

...jurisdictional Magistrate/Court.(ii) The applicant shall not enter into the shared house hold or in any way intimidate her and also shall not cause any obstruction to the peaceful...life of the victim in the shared house hold.(iii) The applicant shall not commit any offence of a like nature while on bail.(iv) The applicant shall not attempt to..., further made attempt to restrain her way to the shared household and thereby committed the offences.4. I have heard Smt. Gouri Meempat, the learned counsel for the applicant and Sri...

...restraining the petitioner from alienating his share in the properties scheduled in the M.C, wherein, the respondents would claim a right of residence, as a shared house-hold. It is the petitioner's...selling a portion of the scheduled property, which is not comprised of the residential building, thus not affecting the shared house-hold of the respondents. Petitioner has filed C.M.P.No.660/2025...44 YEARS D/O GOKULAPALAN.M, MUNDEKKAT HOUSE, KALARIPADI, TANUR.P O , RAYIRIMANGALAM, PARIYPURAM VILLAGE, TIRUR TALUK MALAPPURAM, PIN...

...alleged "shared house-hold" exclusively belongs to the petitioner who is the father-in- law of the applicant proceedings against the petitioner alone will not lie before the Magistrate in the light of...

...additional issue that it was the shared house hold of defendant No. 2 and they could not be evicted from the property. The appellate Court dismissed the application holding that issue could not be framed...written statement to take a plea that the property in question was a shared house hold qua her and she may be permitted to amend the written statement. It was pleaded that inadvertently the plea was left to...statement they have not mentioned the fact that it is a shared house hold of respondent No. 2. Learned counsel for the applicant stated that he had not mentioned these facts in the written statement, so...

...of Women from Domestic Violence Act, 2005, the helpless lady has to prove that she was residing in a 'shared house hold' along with her husband. Issues of title are alien to such a dispute. If she...proves that she lived in the shared household, the order automatically follows. In case shared household is not proved, DVC will stand rejected. For the purpose of proving the shared household, the...

....4. The Grama Nyayadikari, by the impugned order dated 19.05.2018, directed the revision petitioner to permit the first respondent to occupy the shared house hold. He was also restrained from...revision petitioner has shifted his residence from the above shared house hold. In the above circumstance, shared house hold is ideally fit for the residence of the first respondent. It was also s...respondent sought residence order in relation to house No. 233 of Pazhayangadi panchayath, claiming it to be a shared household.3. Revision petitioner appeared and denied the...

.... 2. The main contention urged by the learned counsel for the petitioner is that he is a permanent resident of Bengaluru and never resided in a shared house-hold with the respondent, and therefore...and started harassing the petitioner with a view to coerce the petitioner to leave the shared house-hold situated in the schedule land and there by committed domestic violence on the petitioner...enjoyment of the schedule land by the petitioner and directed the petitioner to vacate the schedule land and shared household for which the petitioner informed the respondent that she is the owner of...

...petitioners never lived in a shared house hold with the third respondent and hence, the provisions of Domestic Violence Act cannot be invoked against these petitioners. 4...initiation of the proceedings under the Domestic Violence Act, it is for them to move the very same Magistrate, raising preliminary objections, like absence of shared house hold, domestic violence, etc. The...of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a...

...learned counsel for the petitioners submits the averments made in the complaint are very vague and the petitioners never lived in the shared house hold with the first respondent and hence, the provisions...objections, like absence of shared house hold, domestic violence, etc. The relevant observation of Full Bench reads as follows:- 87(vii). As there is no issuance of... maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an...

.... 7. The scheme of the act shows that what is relevant for entertaining the proceeding is domestic relationship, shared house hold and contention of domestic violence. It is not disputed that...relationship is still in existence and there was shared house hold. The definations of 'domestic relationship' and shared house hold and the terms in these definition like ''at any point of time o...bonafide action and even after getting the decree, he never made attempt to take the wife back to the matrimonial house as he wanted to take only divorce on the basis of such decision...

...Class Magistrate Court-II, Palakkad, the petitioner/accused committed domestic violence against the defacto complainant by forcefully evicting the defacto complainant from the shared house hold at...

...petitioner and the petitioner had stayed in that house and it was a shared house hold and since she had been illegally dispossessed, she was entitled to maintenance as well as maintenance in lieu of...residence.11. The submission on behalf of the respondents was that there was no material to show that it was a shared house hold and after the death of the husband, the mother in law and...shared house hold even at this stage.13. The petitioner was married in 2001. Her husband had died almost 10 years after marriage. The petitioner has not been able to produce the copy of the...