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2019 Supreme(Del) 2520

PRATHIBA M.SINGH
Vinay Varma – Appellant
Versus
Kanika Pasricha – Respondent


Advocate Appeared:
For the Appellant :Mr. Arun Kumar Varma, Mr. Deepak Bashta & Ms. Vandini, Advocates
For the Respondent:Mr. Harsh Jaidka, Advocate

JUDGMENT :

Prathiba M. Singh, J.

1. The classic Saas-Bahu imbroglio, has now transformed into disputes between parents/in-laws and their children. These disputes have raised complex legal issues as to the interpretation of and balance between two legislations i.e. The Protection of Women from Domestic Violence Act, 2005 (hereinafter “DV Act”) and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter “PSC Act”).

2. Since the time that the DV Act has been enacted, the concepts of `shared household” and `matrimonial home” have been considered in a large number of judgments. The judgment of the Supreme Court in S.R. Batra and Anr. v. Taruna Batra, (2007) 3 SCC 169 had considered the issue of “shared household” and laid down various principles to determine whether there was a “shared household” and what the rights of the daughter-in-law were. The question as to whether the daughter-in-law would be entitled as a matter of right to live in the home of her in-laws has, thereafter, been dealt in several judgments of this Court. Subsequent to Taruna Batra (supra), there have been decisions where some Courts have held that irrespective of whether the property belongs

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