Satish Chnadra Ahuja v .Sneha Ahuja AIR 2020 SC 5397; (2021) 1 SCC 414; MANU/SC/0767/2020 ( SC) www.itatonline.org.

Protection of Women from Domestic Violence Act 2005

S. 2(s ): Shared household – Right to stay/reside in the shared household- Daughter in law – gratuitous licences – Order of High Court affirmed [ CPC 151 , Hindu Succession Act 2005 ]

One of the issue for consideration was , whether definition of shared household under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 has to be read to mean that shared household can only be that household which is household of joint family or in which husband of the aggrieved person has a share?   Honourable Supreme Court dismissed the appeal of father in law where interalia it was argued that the house property where daughter in law was staying since marriage was not a shared household as the said house was not a joint family property and belonged to father in law exclusively.  Court also held that High Court has rightly set aside the decree of the Trial Court and remanded the matter for fresh adjudication.

 

(Editorial : The judgement has laid down several other principles)   

(CA No.2483 of 2020 ( SLP(C)No.1048 of 2020 dt.15 -10 -2020)

 

https://itatonline.org/digest/wp-content/uploads/2020/10/689_2020_37_1501_24378_Judgement_15-Oct-2020.pdf