JUDGMENT

Nitin W Sambre, J. - Heard respective Counsel for the parties.

2. Criminal Case No. 17/DVA/2015/A, was initiated by the applicant under Section 12 of the Domestic Violence Act, 2005, which came to be dismissed vide impugned order passed by the learned JMFC, Mapusa, on 19th July, 2016.

3. An appeal, Criminal Appeal No. 104 of 2016, against the aforesaid order also came to be dismissed on 30.04.2018. The basis for dismissal of the claim of the applicant was that the applicant-wife cannot claim right of residence in the property/house of In-laws. This state of view is expressed rightly so at the relevant time by the Courts below in the impugned orders based on the judgment in the matter of S. R. Batra and anr. vs. Taruna Batra, (2007) 3 SCC 169.

4. The submissions of the learned Counsel for the applicant are that the said view expressed by the Apex Court appears to be an incorrect view in the light of judgment in the matter of Satish Chander Ahuja vs. Sneha Ahuja, 2021 1 SCC 414.

5. My attention is invited to the findings recorded to that effect by the Apex Court in paragraph 64, which reads thus:

"64. In paragraph 29 of the judgment, this Court in S.R. Batra Vs. Taruna Batra (sup