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1 - 5 of 5 (0.25 seconds)The Code of Civil Procedure, 1908
S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006
10. The Ld. Civil Judge vide impugned order dated 27.07.2012
has observed that "shared household" as defined in judgment of the
Hon'ble Apex Court in S.R. Batra Vs. Taruna Batra 2007 (2) SCC (Crl)
56 is 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.
The Ld. Civil Judge further returned a finding that by virtue of Will
dated 19.03.1980 only 50% share of the suit property has been
bequeathed in favour of the appellant no. 1 and remaining 50% share of
suit property has been devolved upon the legal heirs of father of
appellant no. 1 including the appellant no. 1 himself and as such 50%
share of the suit property is ancestral family property in the hands of
appellant no. 1. It was also observed by the Ld. Civil Judge that since
the property is unpartitioned jointly family property, it cannot be
factually ascertained as to which part is covered by the Will or which
part is ancestral property. Therefore, the Ld. Civil Judge came to the
conclusion that even if the marriage between the respondent and son of
MCA No. 33/12 Page 7 of 12
the appellants has been dissolved by the decree dated 23.07.2009 passed
by the Superior Court of Justice at Ontario, Canada, still the respondent
who has not conducted the second marriage is entitled to protection
under the provisions of Protection of Women from Domestic Violence
Act, 2005 and since the property in question is joint family property of
her exhusband and comes within the definition of share household,
therefore the respondent has right to reside in the property in question.
Therefore, the Ld. Civil Judge declined to grant interim injunction to the
appellants.
The Hindu Succession Act, 1956
Section 8 in The Protection of Women from Domestic Violence Act, 2005 [Entire Act]
1