SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(SC) 1368

SUPREME COURT OF INDIA
M.R.Shah, B.V.Nagarathna, JJ.
Archana Goindi Khandelwal – Appellant
Versus
Rajesh Balkrishnan Menon – Respondent
Petitions For Special Leave To Appeal (C) Nos. 2939/2022
Decided On : 04-03-2022

Advocates appeared:
V.K.Anand, Advocate, Ravi Kumar Tomar, Advocate

The landlord's right to eviction should not be affected by the dispute between the husband and wife under the Domestic Violence Act.

Headnote:

Domestic Violence Act - Landlord's Right to Eviction

Fact of the Case:

Dispute between husband and wife under the Domestic Violence Act should not affect the landlord's right to eviction.

Finding of the Court:

The High Court's view is upheld, and the landlord's right to eviction should not be affected by the dispute between the husband and wife under the Domestic Violence Act.

Issues: Dispute between husband and wife under the Domestic Violence Act and its impact on the landlord's right to eviction.

Ratio Decidendi: The dispute between the husband and wife under the Domestic Violence Act should not preclude the landlord's right to eviction.

Final Decision: Special Leave Petition stands dismissed.

JUDGMENT

1. We are in complete agreement with the view taken by the High Court. In a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer. The dispute between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to. If the wife has any grievance against the husband, may be in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy which may be available to her against the husband.

2. The Special Leave Petition stands dismissed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top