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nitinjain (Engineer)     06 March 2010

DV case: Shared household in live-in relationsship

I have a dv case  we need to prove petitioner pleading in this but respondent advocate is streessing on fact that DV act is valid in shared household which by definition is

'A ’shared household’ means a household where the woman aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the woman and the respondent or owned or tenanted by either of them in respect of which either the woman or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the woman has any right, title or interest in the shared household'

Petitioner and respondent have stayed in his mother owned house for 4 years ( abt 8 months a year whenever his mother was out of station i.e. where his father is working)

Can some one help in trying to understand if shared household wil not be valid in this case ?



Learning

 3 Replies

nitinjain (Engineer)     06 March 2010

Can some also support by giving some link to some of the judgement by Supreme Court in similar case

N.K.Assumi (Advocate)     08 March 2010

As per section 19(I) (f) of the DV Act, alternative accommodation can only be made gainst the husband and not against the husband's in law or other relatives. section 17(1) relates to shared household and shared household only menas the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member Refer the Supreme Court Judgment in the case of S.R.Batra and another vs Smt.Tarun Batra and another. Cuvil appeal No.5837 of 2006. 

nitinjain (Engineer)     08 March 2010

yes right but the respondent is claimimg hra against his mom's home and paying rent to her. which implies that he was a tenanat of the house
 


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