New Delhi: The Supreme Court on Thursday gave a landmark verdict while hearing the 2006 case of SR Batra and Tarun Batra, the daughter-in-law has the right to live in the in-laws’ house
The Supreme Court held that under the Domestic Violence Act, the daughter-in-law has the right to live in the house of her husband’s parents.
A three-judge bench headed by Judge Ashok Bhushan overturned the decision of the two-judge bench in the Tarun Batra case.
The court, in its judgment, said that the wife which is the victim of domestic violence will get the right in the shared property of the family and also in the residential house.
The Supreme Court has clearly stated in its judgment that the aggrieved wife will have the legal right to live in the ancestral and common property of her mother-in-law. Wife will have the right over the property acquired i.e. the house built separately by the husband.
The Supreme Court, in its judgment citing the Domestic Violence Act 2005, made many things clear.
Significantly, in the Tarun Batra case, a two-judge bench had said that daughters in law cannot live in property owned by their husband’s parents.
Now the three-member bench has reversed the decision of Tarun Batra and has answered 6-7 questions. The court said that the daughter-in-law has the right not only in the separate property of the husband, but also in the shared house.
It may be known that the first two-member bench had given the verdict that a wife only has rights over her husband’s property.
Senior advocate Nidhi Gupta, on behalf of Tarun Batra, argued. She said that if the daughter-in-law is the property of the joint family, then the totality of the case needs to be looked into. She also has the right to reside in the house. The court then accepted the plea.