Concept of Shared Household under Marriage laws

 

Shared household means the. house belonging to or taken on. rent by the husband or the house. which belongs to the joint family. of which husband is a member

 

1. S.R. Batra Vs Tarun Batra 2007 (1) RCR (Crl) 403(SC)

Question  involved: Shared Household

Held: Husband and wife living in a house owned by mother of the husband. Held – house owned by mother does not come within the definition of shared household u/s 2 (s) of the Act. Shared household would mean only the house belonging to or taken on rent by the husband or the house which belongs to the joint family

of which husband is a member.

• Varinder Kaur Vs Jatinder Kumar and another 2016 (4) RCR (Crl) 861; (P&H)

Question involved:  House owned by mother in law – whether shared household of daughter in law

Held – A daughter in law has not right to live in the self acquired house of mother in law or father in law. The same is not a shared household

• Avtar Singh Vs Jaswinder kaur 2015 (3) RCR (Crl) 461 (P&H)

Question involved: Shared Household

Held: Shared household means the house belonging to or taken on rent by the husband or the house which belongs to the joint family of which husband is a member.

• Suman Vs Tulsi Ram 2015 (1) RCR (Civil) 304; (P&H)

Question involved: House owned by father- in-law – whether shared household of daughter in law

Held – House exclusively belong to the father in law. Husband of the aggrieved person lived separately. Daughter in Law has no right to live in the house of her father in law as exclusive property of the father in law cannot be termed as shared household.

• Lokesh Kiran Kumar Shah Vs Shradha Lokesh Shah and another 2013 (1) Crimes 208 (BOM)

Question involved: Shared Household

Held: House which neither belongs to husband nor belongs to the joint family of which husband is a member cannot be covered by term ‘shared household’. House owned by husband’s father being his self acquired property is not

shared household. Petitioner wife entitle to alternate  accommodation.

GA Ferris Vs Svetlana Alexandrovna 2015 (1) DMC 408 (KAR)

Question involved: Shared Household

Property in question which is exclusively in the name of mother in law is her absolute property. Such house cannot be claimed by petitioner wife as shared household. Wife is only entitle to claim right to residence in shared household and shared household would mean only the house belonging to or taken on rent by the husband or house which

belongs to joint family of which husband is a member.

7. Anukriti Dubey Vs Partha Kansabanik and anr. 2016 (3) RCR (Crl) 284 (DEL)

Question involved: Shared Household

Husband and wife living in a rented house. Husband left the house after the expiry of tenancy. Held – house does not remained shared household. Wife not entitled to live in the house and landlord entitled to evict her. Further held – DR would not exists between persons who are not related by consanguinity marriage or through relationship in nature of marriage adoption or are not family members living together as joint family. A deserted wife in occupation tenanted premises cannot be placed in a position which is different from her husband if he had contested suit for eviction.

8. Vijay Verma Vs St (NCT Delhi) 2010 (3) LRC 291 (DEL)

Question involved: Shared Household

Casual visit of a daughter in law to the house of father in law will not amount to living or live together in a shared household for the purpose of DR. only the violence committed by a person while living in the shared household can constitute DV. Further held – where a male or a female   attains   self   sufficiency after education or otherwise and takes up a job and lives in some other city or country, enjoys life there, settles home there, he cannot be said to have DR with the persons whom he left behind.

9. A.R.Hashir Vs Sheema and others 2015 (3) RCR (Crl) 683 (KERELA)

Question involved: Shared Household

A residence belonging to the mother in law or father in law would not be a shared household.