Lawstreet Journal

There should be balance of Interests, as Old Parents are in the fag end of their lives- says HC

Lawstreet Journal 28 Feb 2022 8:25pm

Image courtesy: Lawstreet Journal Judiciary There should be balance of Interests, as Old Parents are in the fag end of their lives- says HC

Over ruling its judgement in Taruna Batra’s case (SR Batra Vs. Taruna Batra) , the Hon’ble Supreme Court in Satish Chander Ahuja Case  (Satish Chander Vs. Sneha Ahuja ),  recognised that a matrimonial home, where the woman has resided after marriage, will be her ‘Shared Household’ irrespective of whether the husband has any ownership rights in it or not. 

However, the Supreme Court in the same judgment has spoken about adopting a balanced approach since the Old Parents in Law are at the evening of their life.

In a judgment delivered by the Delhi High Court in “Ravneet Kaur vs Prithpal Singh Dhingra”, the Court, while dismissing the Appeal of the Daughter in Law, has beautifully balanced the rights. 

The Judgment also highlights critically the demarcation between an Ancestral Property under old Mitakshara Law & a Self-Acquired Property under the Hindu Succession Act, 1956.


Ravneet Kaur vs Prithpal Singh Dhingra

The matter came to the High Court for setting aside of the order passed by the Additional District Judge-04 (West), Tis Hazari Courts, Delhi. The respondent herein claimed to be an absolute and sole owner of the property in Rajouri Garden, New Delhi-27 vide a registered sale deed 27.09.2004. He filed a suit for eviction against the defendant viz his daughter-in-law. A decree of possession with damages equivalent to the market rent of the alleged illegal possession was passed against the appellant and also a decree of permanent injunction to restrain her from creating any third party… Continue Reading...

Tagged: Senior Citizens   Senior Citizens In India  
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