In Brief
The Supreme Court clarified the scope of 'shared household' under the Protection of Women from Domestic Violence Act, 2005. The appellant (father-in-law) sued for mandatory injunction to evict his daughter-in-law from his property. The daughter-in-law claimed right of residence under the Act. The Court held that 'shared household' is not limited to joint family property or property where the husband has a stake—it includes any household where a woman lived in a domestic relationship with any relative (father-in-law, mother-in-law, etc.). The previous landmark ruling in S.R. Batra v. Taruna Batra was overruled as incorrectly narrow. The suit could not be summarily decreed without trying the defendant's substantive claim of right to residence. The Court affirmed that civil suits for eviction are maintainable but must address the domestic violence defense and prove its requirements under the Act.
The lawyer headnote and full judgment text are available to registered users.