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
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.
The landlord's right to eviction should not be affected by the dispute between the husband and wife under the Domestic Violence Act.
Right of a woman to secure residence order in respect of a shared household cannot be defeated by simple expedient of securing order of eviction by adopting summary procedure under Senior Citizens Ac....
The court clarified the definition of 'shared household' and 'domestic relationship' under the Domestic Violence Act and the summary procedure for passing eviction orders under the Senior Citizens Ac....
The Court ruled that while the daughter-in-law has a right to residence under the PWDV Act, the toxic living condition justifies her eviction to protect the wellbeing of elderly plaintiffs.
No doubt the powers under Article 227 of the Constitution of India cannot be exercised as if the court is an Appellate Court. However, when the learned Trial Court overlooks significant facts and con....
Eviction orders under the DV Act require careful consideration of evidence regarding shared household rights and cannot be issued without assessing domestic violence context and current legal obligat....
The legal point established in the judgment is that the protection against eviction or dispossession of a woman from the shared household under section 17 of the Domestic Violence Act, 2005 is not ab....
A divorced woman cannot claim the right of residence in a shared household based on an earlier domestic relationship with the husband.
The decision by a criminal court does not bind the civil court but would be relevant while dealing with the suit for possession or eviction that may be filed against the daughter-in-law.
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