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    <title>2020 (10) TMI 1379 - Supreme Court</title>
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    <description>Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 is not confined to a joint family house or property in which the husband has a share; it extends to a household lived in within a domestic relationship, including premises owned or tenanted by the respondent singly or jointly and joint family property. The earlier view in S.R. Batra v. Taruna Batra was held not to correctly state the law because it narrowed the statutory text and defeated the residence right. A decree on admission under Order XII Rule 6 CPC cannot ignore a pleaded statutory right of residence, since relief under Section 26 may be raised in civil proceedings. Pending or passed domestic violence orders do not bar a civil suit, though they are relevant and the husband may be a proper party.</description>
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    <pubDate>Thu, 15 Oct 2020 00:00:00 +0530</pubDate>
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      <title>2020 (10) TMI 1379 - Supreme Court</title>
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      <description>Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 is not confined to a joint family house or property in which the husband has a share; it extends to a household lived in within a domestic relationship, including premises owned or tenanted by the respondent singly or jointly and joint family property. The earlier view in S.R. Batra v. Taruna Batra was held not to correctly state the law because it narrowed the statutory text and defeated the residence right. A decree on admission under Order XII Rule 6 CPC cannot ignore a pleaded statutory right of residence, since relief under Section 26 may be raised in civil proceedings. Pending or passed domestic violence orders do not bar a civil suit, though they are relevant and the husband may be a proper party.</description>
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