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2010 Supreme(Del) 697

BADAR DURREZ AHMED, VEENA BIRBAL
SHUMITA DIDI SANDHU – Appellant
Versus
SANJAY SINGH SANDHU – Respondent


Advocates appeared:
Advocates who appeared in this case: For the Appellant :Mr Akhil Sibal with Mr Salim Inamdar For the Respondents:Mr Chetan Shrma, Sr Advocate with Mr S.S. Jauhar and Mr P.K. Dey

JUDGMENT

BADAR DURREZ AHMED, J

1. This appeal raises interesting issues with regard to the concepts of „matrimonial home' and „shared-household' and also concerning the right of residence of a wife in the matrimonial home, shared-household or some other place.


2. This appeal is directed against the judgment and / or order dated 02.07.2007 passed by a learned single Judge of this court in IA Nos.291/2005 and 8444/2005 in CS(OS) 41/2005. The suit had been filed by the appellant against her husband, Mr Sanjay Singh Sandhu (defendant No.1), her father-in-law, Mr Hardev Singh Sandhu (defendant No.2) (since deceased) and her mother-in-law, Mrs Shiela Sandhu (defendant No.3). During the pendency of the suit as also the said applications, the appellant's father-in-law (the said defendant No.2) passed away and his legal representatives, being his widow (Mrs Sheila Sandhu), son (Mr Sanjay Singh Sandhu), daughter, Mrs Zoya Mohan and another daughter (Mrs Tani Sandhu Bhargava), were brought on record.


3. In the said suit, the appellant / plaintiff had sought the following reliefs:-

“(a) Grant a decree of permanent injunction restraining the Defendant Nos. 1, 2 and 3 from committing themselves
















































































































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