VidhiSangh

Supreme Court of India · 15/10/2020

SATISH CHANDER AHUJA versus SNEHA AHUJA

[2020] 12 S.C.R. 189 · 2020 INSC 599

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Summary

A shared household under the Domestic Violence Act need not belong to the husband or a joint family in which he has a share. The Court rejected the restrictive interpretation in S.R. Batra and upheld remand of the father-in-law’s possession suit because the daughter-in-law’s statutory residence defence required adjudication. Residence rights remain subject to lawful eviction and balancing of competing interests; domestic violence orders are relevant but do not conclusively bind the civil court.

Issues

  1. Whether a shared household requires ownership or tenancy rights in the husband.
  2. Whether the possession decree on admissions could stand without adjudicating the statutory residence defence.
  3. Whether domestic violence proceedings or residence orders bar or bind a competent civil court.
  4. Whether impleadment of the husband is mandatory.

Provisions considered

Held

Result

Appeal dismissed without costs. Setting aside of the trial court’s decree and remand for fresh adjudication upheld, subject to the Court’s observations, including the clarification of the husband’s impleadment.

Judgment PDF: Supreme Court of India, [2020] 12 S.C.R. 189.