ORAL JUDGMENT:

1.Rule. Rule is made returnable forthwith.

2.Heard learned Counsel for the parties at the admission stage with consent for disposal since a very limited issue is involved in the present proceedings.

3.Mr. Rao appearing for the petitioner would submit that the learned trial Court granted the application under Domestic Violence Act vide its order dated 17/11/2022, in part and refused the prayer for shared household. The petitioner then filed an appeal before the Appellate Authority vide Criminal Appeal No.176 of 2022. Mr. Rao would submit that such criminal appeal was rejected only by placing reliance on the judgment of S.R. Batra and another v/s. Taruna Batra [ (2007) 3 SCC 169 ].

4.Mr.Rao would submit that the ratio laid down in S.R.Batra(supra) was considered by the Supreme Court a three Judge Bench in case of Satish Chander Ahuja v/s. Sneha Ahuja [ (2021) 1 SCC 414 ]. The Apex Court overruled the observations in the case of S.R. Batra(supra) specifically with regard to the interpretation of shared household as defined under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 .

5.Mr. Rao further submits that in the decision in the case of Prabha Ty