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11. Further in Sneh Ahuja vs. Satish Chander Ahuja and Ors.

MANU/DE/3061/2021 the Coordinate Bench of this Court held as follows:

―24. The Supreme Court had considered the right of residence under the DV Act which includes the right of alternate residence and held that the right of residence would depend on evidence being led on there being a shared household and domestic violence, which were to be pleaded and proved by way of evidence. The right to residence is closely connected to the aspect of 'shared household' and it is where situations were such that made it impossible for continued residence in a shared household, that the question of alternate residence would arise. The right to seek alternate residence thus flows from the right to a residence. Technically, it is the aggrieved person who can file an application including under Section 19(1)(f) of the DV Act. However, this Court had in the judgment dated 18th December, 2019 permitted the husband and in-laws to move an application under Section 19(1)(f) of the DV Act even before the Civil Court where their suit was pending.

―16. The High Court opined that the Trial Court erroneously proceeded to pass decree under Order XII Rule 6 CPC by not impleading the husband and failing to appreciate the specific submission of the appellant while admitting the title of the respondent that the suit premises was the joint family property but also losing the site of the DV Act. The directions given by the High Court are contained in the paragraph 56 to the following effect:

(ii) The Trial Court will then consider whether the appellant had made any unambiguous admission about the respondent's ownership rights in respect of the suit premises; if she has and her only defence to being dispossessed there from is her right of residence under the DV Act, then the Trial Court shall, before passing a decree of possession on the wife premise of ownership rights, ensure that in view of the subsisting rights of the appellant under the DV Act, she is provided with an alternate accommodation as per Section 19(1)(f) of the DV Act, which will continue to be provided to her till the subsistence of her matrimonial relationship.

(iii) In cases where the appellant specifically disputes the exclusive ownership rights of the respondents over the suit premises notwithstanding the title documents in their favour, the Trial Court, while granting her an opportunity to lead evidence in support of her claim, will be entitled to pass interim orders on applications moved by the respondents, directing the appellant to vacate the suit premises subject to the provision of a suitable alternate accommodation to her under Section 19(1)(f) of the DV Act, which direction would also be subject to the final outcome of the suit.