The Delhi High Court in Navneet Arora (supra)
distinguished Taruna Batra and held that Taruna Batra would be applicable
only in the facts where the son and daughter in law were not residing as
members of the `shared household‟ since the residence and kitchen were
separated.
23. On a consideration of the observations of the
Hon'ble Supreme Court in S.R. Batra vs. Taruna Batra
(2007) 3 SCC 169, on the verdict of this Court in
Eveneet Singh vs. Prashant Chaudhri 177 (2011) DLT
124, on the verdict of the Hon'ble High Court of
Bombay in Rama Rajesh Tiwari vs. Rajesh Dinanath
Tiwari in Writ Petition No.10696/2017, it being
apparent through the pleadings on the record that the
premises in suit do not fall within the category of a
shared household in terms of Section 2 (s) of the
Protection of Women from Domestic Violence Act,
2005, the substantial questions of law sought to be
urged by the appellant as referred to in para 18
hereinabove do not arise for consideration in the
instant case in as much as the rights of the appellant
CM (M) 1582/2018 Page 28 of 40
and her daughter to live in the premises belonging to
the respondent no.1 i.e. the plaintiff did not exist
beyond the mere licence given to the parents of Aveka
to live in the same, which has already been terminated.
Thus, the ld. Single Judge was of the opinion that the premises in the case
would not constitute a „shared household‟ but the Court gave her permission
to avail of proceedings for alternate accommodation. Dr. Rachna Khanna
Singh's(supra) case arose out of a civil suit for possession.
51. The judgment of the Division Bench of this Court in Preeti Satija
(supra) has been challenged before the Supreme Court in Civil Appeal
No.9723/2014.
In Dattatrey Shivaji Mane v. Lilabai Shivaji Mane and Ors. AIR
2018 Bom 229, the Bombay High Court was considering an order passed by
the maintenance tribunal under the PSC Act, in a writ petition. The Court
observed therein that the petition of the daughter-in-law under the DV Act
was dismissed for default.