Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: Supreme Court Overrules Its 2006 'SR Batra' Judgment. "Satish Chander Ahuja v. Sneha Ahuja" - Synopsis
Nilanjana Ganguly 7 Jan 2021

A woman is also entitled to assert the right to live in a joint household belonging to her husband's family, as the Supreme Court ruled in a significant judgement overturning the judgement in the year 2006 in the case SR Batra v. Taruna Batra Case no.: Appeal (civil) 5837 of 2006. The bench consisting of Justice Ashok Bhushan, Justice R. Subhash Reddy and Justice MR Shah said that in the case that a shared household belongs to any wife of the husband with whom the wife has resided in a marital partnership, the requirements set out in Section 2(s) shall be met and that house shall become a shared household.

The living of a woman in a home would be a living thing that is permanent. The simple fleeting or casual life in separate places would not render a joint household. The purpose of the parties and the condition of the living, and the nature of the family, must b decide whether or not the parties wish to manage the premises as a common household. As noted above, Act 2005 was passed to grant women a higher right. The Act, 2005 has been passed to allow for a more comprehensive defence of the rights of women who are victims of abuse of some sort within the family. The Act must be read in such a way as to fulfil the exact intent and purpose of the Act.


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