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Smt. Taruna Batra W/O Shri Amit Batra D/O ... vs S.R. Batra S/O Shri G.D. Batra And Smt. ... on 17 January, 2005

22. As held in Taruna Bhatra Vs S.R.Bhatra and others at ILR (2005) 1 Delhi 66 and 2006(4) Crimes 433 a wife can claim right to residence U/Sec.17(1) of the D.V. Act in shared house provided if it is a joint family property or the property in which her husband is having share or where her husband takes a property on rental basis. In the case in hand as discussed above the suit property is exclusive property of plaintiffs and the defendant no.2 has no semblance of right in it. Therefore the defendant no.1 cannot assert her right of residence in the schedule property. It is the legal and moral obligation of defendant no.2 to provide residence to his wife and as he failed to discharge his obligations, order at Ex.P3 was came to be passed against him by competent court. There is no legal or moral obligation on the in-laws of defendant no.1 to look after or provide shelter to her and especially as can be seen from the order at Ex.P3 when this defendant no.1 possess her own house at Thanisandra, Bangalore.
Delhi High Court Cites 7 - Cited by 33 - M B Lokur - Full Document

Smt. Preeti Satija vs Smt. Raj Kumari And Anr. on 15 January, 2014

23. Coming to the decisions relied by the defendant no.1, as can be seen from the facts of Smt.Preeti Satija's case mother-in-law wanted to evict her daughter-in-law on the strength of will executed by her husband bequeathing the disputed property to her. In that case execution of will itself was in dispute and it was not probated. So in that circumstances holding that if will is not proved son also gets 22 O.S.No:3370/2012 share in the property U/Sec.8 of The Hindu Succession Act and through him the daughter-in-law can assert her right Hon'ble Court declined to grant relief to the mother-in-law.
Delhi High Court Cites 34 - Cited by 93 - S R Bhat - Full Document
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