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1 - 3 of 3 (0.16 seconds)S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006
The Division Bench held that in light of the
judgment of the Supreme Court in Taruna Batra's case (supra) a wife could
claim a 'right of residence' under Section 2(s) of the Protection of Women
from Domestic Violence Act, 2005 in the premises where she stayed along
with her husband as a joint family with the owners of the premises,
regardless of whether she or the husband had any right, title or interest in the
'shared household'. According to the Division Bench, such a view was
buttressed by the reading of the Protection of Women from Domestic
Violence Act, 2005 as a whole, wherein even under Section 19 (1) (a) of the
Act, right of residence of a wife in a 'shared household' where she had no
legal or equitable interest was recognized.
Section 29 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
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