CiteTEXT
...respondent Smt Taruna Batra was married to Amit Batra, son of the appellants, on 14-4-2000.5. After the marriage respondent Taruna Batra started living with her husband Amit ....6. Amit Batra filed a divorce petition against his wife Taruna Batra, and it is alleged that as a counterblast to the divorce petition Smt Taruna Batra filed an FIR under Sectio....7. It is admitted that Smt Taruna Batra had shifted to her parents' residence because of the dispute with her husband. She alleged that later on when she tried to enter the house of...
.... 1367 of 2004 and C.MM. No. 1420 of 2004.
Heard learned counsel for the parties and perused the record.
The facts of the case are that respondent Smt. Taruna Batra was...married to Amit Batra, son of the appellants, on 14.4.2000.
After the marriage respondent Taruna Batra started living with her husband Amit Batra in the house of the appellant no.2...filed a divorce petition against his wife Taruna Batra, and it is alleged that as a counter blast to the divorce petition Smt. Taruna Batra filed an F.I.R. under Sections 406/498A/506...
.... Batra v. Taruna Batra (overruled)
436d, 437c, 438a, 438b, 438b-c, 438c, 438c-d, 438d-e, 439c-d, 446c, 450c-d, 450d, 451a-b, 451c, 451d-e, 452c, 452c-...485c-d
43. 2005 SCC OnLine Del 50, Taruna Batra v. S....the appellant has relied on the judgment of this Court in S.R. Batra v. Taruna Batra (2007...
...S.R Batra v. Taruna Batra (2007) 3 SCC 169 held that even a wife could not claim a right of residence in the property belonging to her...-in-law of Smt Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt Taruna Batra cannot claim any right to live in the said house....19. Appellant 2, the mother-in-law of Smt Taruna Batra has stated that she had taken a loan for acquiring the house and it is not a joint family property. We see no reason to disb...
...S.R Batra v. Taruna Batra, AIR 2007 SC 1118:2007 (93) DRJ 405[SC j, Supreme Court observed as under:“16. There is no such law i....17. Here, the house in question belongs to the mother-in-law of Smt. Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt. Taruna Batra cannot claim any right to...live in the said house.XXXXXXXXXXXXXXX27. Learned counsel for the respondent Smt. Taruna Batra has relied upon Section 19(1)(f) of the Act and claimed that she should be...
.... Batra v. Taruna Batra, reported in (2007) 3 SCC 169.
4. The submissions of the learned Counsel for the.... Batra v. Taruna Batra (supra) held that wife is only entitled to claim a right to residence in a shared household and a shared household would only mean the h...Section 2(s) are satisfied and the said house will become a shared household. We are of the view that this court in S.R. Batra v. Taruna...
...placed reliance on S.R. Batra and Anr v. Taruna Batra (2007) 3 SCC 169. the...in S.R. Batra v. Taruna Batra, (2007) 3 SCC 169, held :
18. Here, the house in question belongs to the mother-in-law of...Smt. Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt Taruna Batra cannot claim any right to live in the said house.
19. Appellant 2, the mother-in-law of...
...S.R Batra v. Taruna Batra, (2007) 3 SCC 169, in support of his contention that a wife can claim a right of residence from her husband only but the property of ...mother-in-law cannot be claimed as a matter of right by the estranged wife. Counsel for the petitioner submits that in S.R Batra (supra), the house belonged to mother-in-law of Taruna Batra but did not...belong to her husband Amit Batra as such, it was held that Taruna Batra cannot claim any right to live in the said house.4. The grievance of the petitioner is that respondent No. 1 can...
...S.R. Batra v. Taruna Batra, (2007) 3 SCC 169 the Supreme Court of India dealing with a claim of residence by the wife in the house...owned by the mother in law held:
"24. Learned counsel for the respondent Smt Taruna Batra stated that the definition of shared household includes a...Taruna Batra has relied upon Section 19(1)(f) of the Act and claimed that she should be given an alternative accommodation. In our opinion, the claim for alternative...
...S. R. Batra and Anr. v. Taruna Batra, (2007) 3 SCC 169 had..., thereafter, been dealt in several judgments of this Court. Subsequent to Taruna Batra (supra), there have been decisions where some Courts have held that irrespective of whether the property...Code ("CPC") since the ownership by Shri K. A. Sethi is admitted and the suit property cannot be treated as `shared household" as per the judgment in Taruna Batra (supra) under the DV Act...
..., S.R. Batra and another vs Smt. Taruna Batra, (2007) 3 SCC 169, Sardara Ram...S.R. Batra and another vs Smt. Taruna Batra, (2007) 3 SCC 169. Husband of the petitioner is still alive. He has not been arrayed as...upon S.R. Batra and another vs Smt. Taruna Batra, 2007(1) RCR (Criminal) 403 in Suman vs Tulsi Ram...
....2. In the light of the decision reported in S.R Batra v. Taruna Batra [(2007) 3 SCC 169] reiterated by this Court in Hashir v...
....
5. Learned counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of S.R.Batra and another vs.Smt. Taruna Batra, reported...wife. The issue raised was as to whether the house of mother-in-law of the respondent- Smt. Taruna Batra could be called as "shared household". After having taken into consideration the facts of the...case, the Hon'ble Supreme Court had come to the conclusion that since the house in question belonged to mother-in-law of Smt. Taruna Batra, and it did not belong to her husband Mr Amit Batra, it could...
...and Another vs. Smt. Taruna Batra, 2007(1)
6 of 16
RCR (Criminal) 403, the.... Taruna Batra, (2007) 3 SCC 169, held that the wife could claim the right of residence in terms of Section 17(1) of the Act, only in a `shared household' and a `shared household....
45. The pertinent observations of the Hon'ble Court are as under:
"24. Learned counsel for the respondent Smt. Taruna Batra stated ...
.... Batra v. Smt. Taruna Batra 2007 (1) RCR (Criminal) 403. The Hon'ble Apex Court has observed that the term ‘shared household’ in .... It is well settled that any interpretation which leads to absurdity should not be accepted.28. Learned counsel for the respondent Smt. Taruna Batra has relied upon Section 19(1)(f) of.... Taruna Batra, (2007) 3 SCC 169, held that the wife could claim the right of residence in terms of Section 17(1) of the Act, only in a ‘shared household’ and a ‘shared household’ would only mean the house...
...decisions of the Supreme Court in S.R Batra v. Taruna Batra reported in AIR 2007 SC 1118, Sameer Vyas v. State reported in...S.R Batra v. Taruna Batra reported in AIR 2007 SC 1118, marriage between the parties was solemnised on 14.4.2000 After the marriage, the respondent, ...husband, Amit Batra, in the 2 floor of the house of the 2 appellant therein, mother-in-law of Smt. Taruna Batra. Due to some misunderstanding, Amit Batra filed a divorce petition against his wife...
...made in this regard, to a judgment of the Hon'ble Apex Court in the case of S.R. Batra v. Taruna Batra (Smt) (2007) 3 SCC 169...as under:—“28. Interpreting the provisions of the Domestic Violence Act this Court in S.R. Batra v. Taruna Batra (2007) 3 SCC 169 held that even a wife could...mother-in-law of Smt. Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt. Taruna Batra cannot claim any right to live in the said house.19. Appellant 2, the mother...
...S.R Batra v. Taruna Batra, 2007 (1) RCR (Criminal) 403 : 2007 (1) RCR (Civil) 378 : 2007 (1) Recent Apex Judgments (R...interpretation.17. The pertinent observations of the Hon'ble Court are as under:“24. Learned counsel for the respondent Smt. Taruna Batra stated that the definition of shared...to absurdity should not be accepted.28. Learned counsel for the respondent Smt. Taruna Batra has relied upon Section 19(1)(f) of the Act and claimed that she should be given an...
.... vs. Smt. Taruna Batra Civil Appeal No.5837/2006, decided on 15.12.2006, wherein, the Apex Court while dealing with the provisions of Domestic Violence Act, held.... Considering the judgment S.R. Batra And Anr. vs. Smt. Taruna Batra (supra) and also considering the fact that various applications were filed by the petitioners before the Court below which were not...mother-in-law. Copy of the photographs showing forceful entry into the house were also shown to the Court.
4. Counsel for the petitioner has placed reliance on S.R. Batra And Anr...
...S.R.Batra and Another v. Smt. Taruna Batra 2007 (3) SCC 169 by the Supreme Court, after discussing and interpreting the definition of shared household under Section...settled that any interpretation which leads to absurdity should not be accepted. 28. Learned counsel for the respondent Smt Taruna Batra has relied upon Section 19(1)(f) of the Act...neither belongs to Amit Batra nor was it taken on rent by him nor is it a joint family property of which the husband Amit Batra is a member. It is the exclusive property of appellant No. 2, mother of Amit Batra. Hence it ca...