Holding

A house owned exclusively by the mother‑in‑law does not constitute a 'shared household' under the Protection of Women from Domestic Violence Act, 2005, and the wife cannot claim a right to reside there.

Summary

The Supreme Court considered an appeal by the father‑in‑law and mother‑in‑law (appellants) against a Delhi High Court order that held the second floor of a house owned by the mother‑in‑law to be the matrimonial home of their daughter‑in‑law, Taruna Batra. The wife had earlier lived in the house with her husband but later moved out and sought a mandatory injunction to reside there, invoking the Protection of Women from Domestic Violence Act, 2005. The Court examined whether the house qualified as a "shared household" under Section 2(s) of the Act and whether the wife could claim residence rights under Section 17(1) and alternative accommodation under Section 19(1)(t) against the in‑laws. It held that the property belonged exclusively to the mother‑in‑law, was not owned or rented by the husband, nor a joint‑family property, and therefore did not meet the statutory definition of a shared household. Consequently, the wife could not claim a right to reside there, and the High Court’s finding was set aside. The appeal was allowed and the contempt petition dismissed.

Issues considered

The meaning of 'shared household' under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
Whether a wife can claim a right to reside in a house owned by her mother‑in‑law under Section 17(1) of the Act.
Whether alternative accommodation under Section 19(1)(t) can be claimed against the husband’s parents.
Whether the High Court erred in treating the house as the matrimonial home of the wife.
Whether a factual finding that the wife was not in possession can be interfered with under Articles 226/227 of the Constitution.

Legislation cited

Indian Penal Code, 1860s. 34, s. 406, s. 498A, s. 506
Protection of Women from Domestic Violence Act, 2005s. 17(1), s. 19(1)(t), s. 2(s)

Subjects

Protection of Women from Domestic Violence Actshared householdright to residencematrimonial homestatutory interpretationinjunctionfamily lawproperty rightsdomestic violence

Judgment

r
'-""

A S.R. BATRA AND ANR.
v.
SMT. TAR UNA BATRA

DECEMBER 15, 2006

B [S.B. SINHA AND MARKANDEY KA TJU, JJ.]

Protection to Women From Domestic Violence Act, 2005:

ss. 2(s), 17(1), 19(/)(/)-"Shared household"-Meaning of-Divorce
c petition and criminal proceedings pending between husband and wife-Wife
claiming right to reside in the house owned by her mother-in-law-Held, the
right which may be available against the husband cannot be claimed against
in-laws-The premises belonged to mother-in-law and not to husband and
as such wife ca1111ot claim any right to live therein - Interpretation of
Statutes-Presumption against absurdity.
D
Respondent herein, after her marriage, lived for sometime with her
husband in the premises in question, the house owned by her mother-in-law,
appellant no. 2. Dispute arose between the couple and they started living
separately- the respondent with her parents, and her husband also shifted
E to his own flat. The husband filed a divorce petition against the respondent,
and she in turn filed a criminal case and got arrested her mother-in-law and
other family members. Thereafter she filed a suit for mandatory injunction
to enable her to enter the said house of her mother-in-law. It was stated by
the appellants that later she forcibly broke open the locks of the said house. (_
The trial court granted temporary injunction restraining the appellants from
F interfering with possession of the respondent. But the appellate court held
that respondent no. I was not residing in the premises in question nor her
husband was living therein and as such the respondent had no right to the
property other than that of her husband. However, the High Court allowed
the writ petition filed by respondent no. I under Article 227 of the Constitution
G holding that the premises in question was the matrimonial home of the
respondent. Aggrieved, the in-laws of the respondent no. I filed the appeal.

It was contended for the respondent that definition of shared household
includes a household where the person aggrieved lives or at any stage had ~·-:-

lived in a domestic relationship. It was submitted that since the respondent
H 1206
~;
S. R. BATRA v. TARUNA BATRA 1207
had lived in the property in question in the past, the said property is her shared A
household.

Allowing the appeal, the Court

HELD: 1.1. There is no such law in India, like the British Matrimonial
Homes Act, 1967, and in any case the rights which may be available under B
any law can only be as against the husband and not against the father-in-law
or mother-in-law. In the instant case, the house in question belongs to the
mother-in-law of the respondent and not to her husband. Hence, she cannot
claim any right to live in the said house. (1210-E)

B.R. Mehta v. Atma Devi and Ors., (1987) 4 SCC 183, referred to. C
1.2. It may be noticed that the finding of the trial court that in fact the
respondent was not residing in the premises in question is a finding of fact
which cannot be interfered with either under Article 226 or 227 of the
Constitution. Hence, she cannot claim any injunction restraining the D
appellants from dispossessing her from the property in question for the simple
reason that she was not in possession at all of the said property and hence
the question of dispossession does not arise. Besides, the house in question.
cannot be said to be a 'shared household' within the meaning of Section 2(s)
oftbe Protection of Women from Domestic Violence Act, 2005. Further, the
claim for alternative accommodation as envisaged by s.19(1)(t) of the Act can E
only be made against husband and not against the husband's parents or other
relatives. (1210-H; 1211-A, B; 1213-B(

2.2. As regards Section 17(1) of the Act, the wife is only entitled to
;
claim a right to· residence in a shared household, and a 'shared household'
would only mean the house belonging to or taken on rent by the husband, or F
the house which belongs to the joint family of which the husband is a member.
The property in question, in the instant case, neither belongs to the husband
nor was it taken on rent by him nor is it a joint family property of which the
husband is a member. It is the exclusive property of appellant no. 2, the mother-
in-law. Hence it cannot be called a 'shared household'. (1213-C(
G
3. It is well settled that any interpretation which leads to absurdity should
not be accepted. No doubt, tlie definition of 'shared household' in Section
2(s) of the Act is not very happily worded, and appears to be the result of clumsy
drafting, but it has to be given an interpretation which is sensible and which
does not lead to chaos in society. (1213-A, DI H
A
1208 SUPREME COURT REPORTS [2006) SUPP. 10 S.C.R.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5837 of2006.
,,., -
From the final Judgment and Order dated 17 .1.2005 of the High Court
of Delhi at New Delhi, inC.M.M. Nos. 1367/2004 and 1420/2004.

WITH
B
Contempt Petition (C) No. 38/2006 in C.A. No. 5837 of2006.

Uday Umesh Lalit, Meera Agrawal and R.C. Mishra for the Appellants.

L.N. Rao, Sudhir Nandrajog for the Respondent.
c The Judgment of the Court was delivered by

MARKANDEY KATJU, J. Leave granted.

This appeal has been filed against the impugned judgment of the Delhi
High Court dated 17.1.2005 in C.M.M. No. 1367 of2004 and C.MM. No. 1420
D of2004.

Heard learned counsel for the parties and perused the record.

The facts of the case are that respondent Smt. Taruna Batra was married
to Amit Batra, son of the appellants, on 14.4.2000.
E
After the marriage respondent Taruna Batra started living with her
husband Amit Batra in the house of the appellant no.2 in the second floor;
It is not disputed that t~e said house which is at B-135, Ashok Vihar, Phase-
1, Delhi belongs to the appellant no.2 and not to her son Amit· Batra. ~-

F Amit Batra filed a divorce petition against his wife Taruna Batra, and it
is alleged that as a counter blast to the divorce petition Smt. Taruna Batra filed
an F.l.R. under Sections 406/498A/506 and 34 of the Indian Penal Code and
got her father-in-law, mother-in-law, her husband and married sister-in-law
arrested by the police and they were granted bail only after three days.
G
It is admitted that Smt. Taruna Batra had shifted to her parent's residence
because of the dispute with her husband. She alleged that later on when she
tried to enter the house of the appellant no.2 which is at property No. B- I 35,
Ashok Vihar, Phase-I, Delhi she found the main entrance locked and hence
she filed Suit No. 87 /2003 for a mandatory injunction to enable her to enter
H
4/
S. R. BATRA v. TARUNA BATRA [MARKANDEY KATJU, J.] 1209
the house. The case of the appellants was that before any order could be A
passed by the trial Judge on the suit filed by their daughter-in-law, Smt.
Taruna Batra, along with her parents forcibly broke open the locks of the
house at Ashok Vihar belonging to appellant No. 2, the mother-in-law of Smt.
Taruna Batra. The appellants alleged that they have been terrorized by their
daughter-in-law and for some time they had to stay in their office.
B
It is stated by the appellants that their son Amit Batra, husband of the
respondent, had shifted to his own flat at Mohan Nagar, Ghaziabad before the
above litigation between the parties had started.

The learned trial Judge decided both the applications for temporary
injunction filed in suit no.87/2003 by the parties by his order on 4.3.2003. He C
held that the petitioner was in possession of the second floor of the property
and he granted a temporary injunction restraining the appellants from
interfering with the possession of Smt. Taruna Batra, respondent herein.

Against the aforesaid order the appellants filed an appeal before the D
Senior Civil Judge, Delhi who by his order dated 17.9.2004 held that Smt.
Taruna Batra was not residing in the second floor of the premises in question.
He also held that her husband Amit Batra was not living in the suit property
and the matrimonial home could not be said to be a place where only wife
was residing. He also held that Smt. Taruna Batra had no right to the
properties other than that of her husband. Hence, he allowed the appeal and E
dismissed the temporary injunction application.

Aggrieved, Smt. Taruna Batra filed a petition under Article 227 of the
Co~stitution which was disposed of by the impugned_ judgment. Hence, ·
these appeals.
F
The learned Single Judge of the High Court in the impugned judgment
held that the second floor of the property in question was the matrimonial
home of Smt. Taruna Batra. He further held that even if her husband Amit
Batra had shifted to Ghaziabad that would not make Ghaziabad the matrimonial
home of Smt. Taruna Batra. The Learned Judge was of the view that mere
change of the residence by the husband would not shift the matrimonial home G
from Ashok Vihar, particularly when the husband had filed a divorce petition
against his wife. On this reasoning, the learned Judge of the High Court held
that Smt. Taruna Batra was entitled to continue to reside in the second floor
of B-135, Ashok Vihar, Phase-I, Delhi as that is her matrimonial home.
H
A
1210 SUPREME COURT REPORTS [2006) SUPP. 10 S.C.R.

With respect. we are unable to agree with the view taken by the High
,.. -
Court.

As held by this Court in B.R. Mehta v. Atma Devi.and Ors., (1987] 4
SCC 183, whereas in England the rights of the spouses to the matrimonial
home' are governed by the Matrimonial Homes Act, 1967, no such right exists
B in India.
In the same decision it was observed "it may be that with change of
situation and complex problems arising it is high time to give the wife or the
husband a right of occupation in a truly matrimonial home, in case of the
marriage breaking up or in case of strained relationship between the husband
C and the wife."
In our opinion, the above observation is merely an expression of hope
and it does not lay down any law. It is only the legislature which can create
a law and not the Court. The courts do not legislate, and whatever may be
D the personal view of a Judge, he cannot create or amend the law, and must
maintain judicial restraint.

There is no such law in India, like the British Matrimonial Homes Act,
1967, and in any case, the rights which may be available under any law can
only be as against the husband and not against the father-in-law or mother-
E in-law.

Here, the house in question belongs to the mother-in-law of Smt. Taruna
Batra and it does not belong to her husband Amit Batra. Hence, Smt. Taruna
Batra cannot claim any right to live in the said house.

F Appellant No. 2, the mother-in-law of Smt. Taruna Batra has stated that
she had taken a loan for acquiring the house and it is not a joint family
property. We see no reason to disbelieve this statement.

Learned counsel for the respondent then relied upon the Protection of
Women from Domestic Violence Act, 2005. He stated that in view of the said
G Act respondent Smt. Taruna Batra cannot be dispossessed from the second
floor of the property in question.

It may be noticed that the finding of the learned Senior Civil Judge that
in fact Smt. Taruna Batra was not residing in the premises in question is a
finding of fact which cannot be interfered with either under Article 226 or 227
H
-, S. R. BATRA v. TARUNABATRA [MARKANDEY KATJU,J.] 1211
of the Constitution. Hence, Smt. Taruna Batra cannot claim any injunction A
restraining the appellants from dispossessing her from the property in question
for the simple reason that she was not in possession at all of the said property
and hence the question of dispossession does not arise.

Apart from the above, we are of the opinion that the house in question
cannot be said to be a 'shared household' within the meaning of Section 2(s) B
of the Protection of Women from Domestic Violence Act, 2005 (hereinafter
referred to as the 'Act').

Section 2(s) states:

'"shared household' means a household where the person aggrieved C
lives or at any stage has lived in a domestic relationship either singly
or along with the respondent and includes such a household whether

- owned or tenanted either jointly by the aggrieved person and the
respondent, or owned or tenanted by either of them in respect of
which either the aggrieved person or the respondent or both jointly D
or singly have any right, title, interest or equity and includes such a
household which may belong to the joint family of which the
respondent is a member, irrespective of whether the respondent or the
aggrieved person has any right, title or interest in the shared
household".
E
Learned counsel for the respondent Smt. Taruna Batra has relied upon
Sections 17 and 19(1) of the aforesaid Act, which state:

"17. (!)Notwithstanding anything contained in any other law for the
time being in force, every woman in a domestic relationship shall have
the right to reside in the shared household, whether or not she has F
any right, title or beneficial interest in the same.

(2) The aggrieved person shall not be evicted or excluded from the
shared household or any part of it by the respondent save in
accordance with the procedure established by law.

19. (I) While disposing of an application under sub-section (I) of G
section 12, the Magistrate may, on being satisfied that domestic violence
has taken place, pass a residence order--

( a) restraining the respondent from dispossessing or in any other
manner disturbing the possession of the aggrieved person from H
1212 SUPREME COURT REPORTS [2006] SUPP. 10 S.C.R. r ·'
A the shared household, whether or not the respondent has a legal
or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared
household;

(c) restraining the respondent or any of his relatives from entering
B any portion of the shared household in whi~h the aggrieved
person resides;

(d) restraining the respondent from alienating or disposing off the
shared household or encumbering the same;

c (e) restraining the respondent from renouncing his rights in the
shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate
accommodation for the aggrieved person as enjoyed by her in
the shared household or to pay rent for the same, if the
circumstances so require:
D
Provided that no order under clause (b) shall be passed against . !

any person who is a woman".

Learned counsel for the respondent Smt. Taruna Batgra stated that the
definition of shared household includes a household where the person
E aggrieved lives or at any stage had lived in a domestic relationship. He
contended that since admittedly the respondent had lived in the property in
question in the past, hence the said property is her shared household.

We cannot agree with this submission.
(
F If the aforesaid submission is accepted, then it will mean that wherever
the husband and wife lived together in the past that property becomes a
shared household. It is quite possible that the husband and wife may have
lived together in dozens of places e.g. with the husband's father, husband's
paternal grand parents, his. maternal parents, uncles, aunts, brothers, sisters,
G nephews, nieces etc. If the interpretation canvassed by the learned counsel
for the respondent is accepted, all these houses of the husband's relatives
will be shared households and the wife can well insist in living in the all these
houses of her husband's relatives merely because she had stayed with her
husband for some time in those houses in the past. Such a view would lead
to chaos and would be absurd.
H
S. R. BATRA v. TARUNABATRA [MARKANDEYKATJU,J.] 1213
It is well settled that any interpretation which leads to absurdity should A
not be accepted.

Learned counsel for the respondent Smt Taruna Batra has relied upon
Section 19(l)(t) of the Act and claimed that she should be given an alternative
accommodation. In our opinion, the claim for alternative accommodation can
only be made against the husband and not against the husband's in-laws or B
other relatives.

As regards Section 17( 1) of the Act, in our opinion the wife is only
entitled to claim a right to residence in a shared household, and a 'shared
household' would only mean the house belonging to or taken on rent by the
husband, or the house which belongs to the joint family of which the husband C
is a member. The property in question in the present case neither belongs
to Amit Batra nor was it taken on rent by him nor is it a joint family property
of which the husband Amit Batra is a member. It is the exclusive property
of appellant No. 2, mother of Amit Batra. Hence it cannot be called a 'shared
household'. D
... No doubt, the definition of 'shared household' in Section 2(s) of the
Act is not very happily worded, and appears to be the result of clumsy
drafting, but we have to give it an interpretation which is sensible and which
does not lead to chaos in society.
E
In view of the above, the appeal is allowed. The impugned judgment of
the High Court is set aside and the order of Senior Civil Judge dismissing the
injunction application of Smt. Taruna Batra is upheld. No costs.

Contempt Petition (C) No.' 3812006
F
In view of the judgment given above, the contempt petition stands
dismissed.

RP. Appeal allowed and Contempt petition dismissed.