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Right of Residence Judgements

  • Vijay Verma Vs State Nct Of Delhi & Anr

    Court:Delhi High Court
    Domestic Violence Act – Purpose of Act is to give remedy to aggrieved persons against domestic violence — Domestic violence can take place only when one is living in shared household with respondents.

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  • Vijaya Vasant Sawant Vs Shubhangi Shivling Parab & Ors

    Court:Bombay High Court
    Protection of Women from Domestic Violence Act, 2005 — Section 12 — Domestic Violence — Right of residence — Delay and laches

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  • Barun Kumar Nahar Vs Parul Nahar & Anr

    Court:PUNJAB AND HARYANA HIGH COURT
    Order 39 Rules 1 and 2 r/w Section 151 — Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Injunction — Grant of — Eviction of daughter-in-law from self acquired property of her parents-in-law — Plaintiff by way of interim mandatory injunction is seeking direction to defendant (daughter-in-law) to vacate premises so that plaintiff and his wife are able to lead evenings of their lives peacefully without any stress or trauma — Grant of interim mandatory injunction does not only confine to restore status quo of last contested status — Plaintiff has been able to establish a very strong prima facie case in his favour — Defendant being a daughter-in-law has no right to reside in subject property which belongs to her father-in-law as said property is not covered by definition of ‘shared household’, same being neither a joint family property in which her husband is a member — Defendant being a daughter-in-law of plaintiff, has no right as against plaintiff father-in-law, to occupy any portion of the subject property which is his self-acquired property — Interim mandatory injunction is granted in favour of petitioner and against defendant — Concerned…

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  • Sudha Mishra Vs. Surya Chandra Mishra

    Domestic Violence Act, 2005 — Shared household — Daughter-in-law has no right to occupy self-acquired property of her parents-in-law.

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  • Shumita Didi Sandhu Vs. Sanjay Singh Sandhu & Ors.

    Court:Delhi High Court rotection of Women from Domestic Violence Act, 2005 — Sections 2(s), 17, 18, 19 — Right of Residence — ‘Matrimonial home’ — ‘Shared household’ — Right of daughter-in-law to claim right to stay in property belonging to father and mother-in-law — Husband has no share in property — Property which neither belongs to husband nor is taken on rent by him, nor is a joint family property in which husband is a member, cannot be regarded as a ‘shared household’.

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  • Krishan Kumar and Ors. vs. Navneet and Ors.

    Court:PUNJAB AND HARYANA HIGH COURT
    Right to reside – Section 2(s) of Protection of Women from Domestic Violence Act – House being exclusively belonging to father-in-law, it could not be called as a shared household within ambit of Section 2(s) of Act.

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  • Urmila Vs. Ramesh Chander

    Court: Punjab and Haryana Court Protection of Women from Domestic Violence Act, 2005 — Sections 12, 19 — Right of residence — House owned by grandfather of husband — No material on record to prove that house is joint Hindu family coparcenery property — House owned by grandfather of husband is his self-acquired property — Husband has no right in that property — Wife cannot claim right of residence.

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  • Poonam Tanwar Vs. Sube Singh Tanwar

    Court: Delhi High Court
    A house which is owned by Mother in Law or Father in Law is not the matrimonial house and the right to residence is available against Husband.

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  • Mrs. Manju Sharma Vs. Dr. J.C. Mehta

    Court:PUNJAB AND HARYANA HIGH COURT
    Daughter in Law does not have a right to stay in property in dispute and cause a nuisance to old couple (FIL and MIL). Ordered to vacate the premises.

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  • B.P. Achala Anand Vs. S. Appi Reddy & Anr

    Court:Supreme Court of India
    Right to Residence after Divorce to be decided based on Divorce Terms.

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  • MANMOHAN ATTAVAR Vs. NEELAM MANMOHAN ATTAVAR

    Court:SUPREME COURT OF INDIA
    Wife has never stayed with Husband in the premises in which she has been directed to be inducted. In order for Wife to succeed, it was necessary that two parties had lived in a domestic relationship in the household. Therefore Wife demanding Right to Residence under Domestic Violence Act does not sustain.

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  • KAVITA CHAUDHRI (DR.) Vs. EVENEET SINGH & ANR.

    Court:Delhi High Court
    Property which exclusively belongs to father-in-law or mother-in-law or to both of them in which husband has no right, title or interest, cannot be called “shared household”

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  • ABHA ARORA Vs. ANGELA SHARMA & ANR.

    Court:Delhi High Court
    Any claims for residence or maintenance by Wife can only be made against her husband only.

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