Judgment Search Results Home > Cases Phrase: a shared household Page 1 of about 8,988 results (0.040 seconds)

Mr.ishpal Singh Kahai Vs. Mrs.Ramanjeet Kahai

Court : Mumbai

..... whether or not she has any right, title or beneficial interest in the same.the statute, therefore, expressly excludes the consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct ..... of an act constituting domestic violence the overall facts and circumstances of the case shall be taken into consideration.the dv act thus grants protection against any form of aggression mental, physical, or emotional in a shared household which may not belong to the woman who is a victim of violence therein, but who only resides therein without having any title thereto.28.a wife who owns a property can even otherwise exclude any ..... a residence order-(a)restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b)directing the respondent to remove himself from the shared household;(c)restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;(d)restraining the respondent from alienating or disposing off .....

Anukriti Dubey Vs. Partha Kansabanik and Another

Court : Delhi

..... be called a respondent in the first instance, a respondent in a domestic relationship in the second instance; his premises which were let out for a specified period to the respondent no.1 along with her husband in a shared household after the expiry of the lease agreement and proposed eviction is only in accordance with the procedure established by law i.e by filing a suit for eviction before the competent court. ..... defined under clause (f) of section 2 of the act which reads as hereunder:- (f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; 18. ..... thus, at best it can be urged that while deciding an issue pertaining to a wife's claim for residence in the shared household the discussion must start with a presumption in favour of the wife that law leans in her favour to continue to reside in the shared household and only upon adequate circumstances being manifestly and objectively disclosed by the opposite party, could an order contemplated by clause (f) of sub-section 1 of section 10 of ..... not have title to the property and hence the victim can apply for a residence order to the court in respect of a shared household, which includes their matrimonial home, whether or not she has any right, title or beneficial interest therein. .....

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same ;(e) restraining the ..... respondent from renouncing his rights in the shared household except with the leave of the magistrate; or(f) ..... for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the lands or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably .....

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this court under article 227 of the constitution of india as stated hereinabove.rival contentions ..... section 19(1)(a) provides that the order restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household, can be granted.consideration:having heard both parties and having examined the statutory relevant provisions, it is not possible to accept the contention of the petitioner that the application under section 26 moved by the respondent-wife, ..... the subject-flat, thus, can be treated as the shared household, wherein admittedly, the respondent-wife lived in a domestic relationship with the petitioner.17. .....

S.R. Batra and anr. Vs. Smt. Taruna Batra

Court : Supreme Court of India

Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92

..... possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;(e) restraining the ..... respondent from renouncing his rights in the shared household except with the leave of the magistrate; ..... meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect .....

Ekta Arora Vs. Ajay Arora and Another

Court : Delhi

..... section 17 (1) of domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act. ..... reported in 174 (2010) dlt 79 (db), the division bench of this court took a view that a property which neither belongs to husband nor is taken on rent by him, nor is a joint family property in which husband is a member, cannot be regarded as shared household and, therefore, the daughter-in-law has no right to claim right to stay in such a property, which belongs to either the father-in-law or mother-in-law. ..... as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member ... 29. ..... insofar as section 17 of the said act is concerned, a wife would only be entitled to claim a right of residence in a "shared household" and such a household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. .....

Smt. Abha Arora Vs. Angela Sharma and anr.

Court : Delhi

Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221

..... batra and anr's case (supra) shows that under the provisions of the pwdv act, a woman on account of her status as wife is entitled to claim a right to residence in a shared household which would mean a house which belongs to her husband or which is taken on rent by her husband or a house which belongs to a joint family of which her husband is a member. ..... (f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;. ..... it was held that the wife is only entitled to claim a right of residence in a shared household and a shared household would mean only a house belonging to or taken on rent by the husband or the house which belongs to the joint family of which the husband is a member.21. ..... 1 really cannot claim a right of residence in the suit property as the same is not a 'shared household' as defined by the pwdv act and is owned by the plaintiff who is her mother in law. ..... learned senior counsel referred to the provisions of the pwdv act to contend that the suit property is a shared household as defined under the pwdv act and thus, defendant no. ..... the contention of the respondent that 'shared household' includes a household where the aggrieved person lives or may have lived at any stage in a domestic relationship was not accepted. .....

Saraswathy Vs. Babu

Court : Chennai

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of ..... domestic violence act, 2005 is maintainable even if the acts of domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of the act. ..... therefore, the question as to whether the applicant/plaintiff ever lived in the shared household at any point of time during the period from 7.2.2007 to 13.6.2007 or not, is of little ..... if she has a right to live in the shared household, on account of a valid and subsisting marriage, she is definitely in domestic relationship within the meaning of section 2(f) of the act and her bodily presence or absence from the shared household cannot belittle her relationship as anything other than a domestic ..... , she would be entitled to protection under section 17 of the act, even if she did not live in the shared household at the time of institution of the proceedings or had never lived in the shared household at any point of time in the past. .....

Kavita Dass Vs. Nct of Delhi and Another

Court : Delhi

..... therefore, it is by virtue of protection of women against domestic violence act, which interalia seeks to provide as under :- (s) " shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have ..... the respondent was fully aware that she had to vacate the earlier premises, therefore, there was no reason for her to enter the house of the respondent forcefully, since the said house cannot be said to a shared household, therefore, she may be removed from the premises by taking recourse to due process of law. 20. ..... smt.taruna batra reported in (2007) 3 scc 169, wherein, it was held as under:- ....a shared householdwould only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member... ..... mms order dated 28.04.2011, whereby, the petitioner was directed to be removed from respondent no.2/husbands rented premises on the ground that the said premises was not a shared household and the petitioner had no right to enter the said premises forcefully. 15. ld. .....

Rajendra D. Seth Vs. Rekha Jha Alias Rekha R. Seth

Court : Mumbai Goa

..... ), the hon'ble apex court has held thus: as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. ..... the opponent has been restrained from dispossessing or in any other manner disturbing the possession of the applicant from the shared household and he has been directed to pay a sum of rs.5,000/- per month to the applicant and a sum of rs.1,000/- each per month to the applicant's daughter, anjali and the son, amit as maintenance allowance, until the ..... counsel argued that the said flat is the exclusive property of the son of the opponent by name nandlal shet and does not fall within the definition of 'shared household' and hence it could not have been held to be the shared household and no relief could have been granted to the applicant in respect of the said flat. 12. ..... , to mean a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a ..... learned counsel appearing on behalf of the opponent, submitted that the flat which is called as the shared household by the trial magistrate actually belongs to nandlal shet, son of the opponent. .....