The right to reside in shared household as granted
by Section 17 of Domestic violence Act itself
contemplates an exception in
express words, i.e., “save in accordance with the
procedure established by law”.{Para 109}
116. Drawing the analogy from the above case, we are of
the opinion that the expression “save in accordance
with the procedure established by law”, in Section
17(2) of the Act, 2005 contemplates the proceedings in
court of competent jurisdiction. Thus, suit for
mandatory and permanent injunction/eviction or
possession by the owner of the property is maintainable
before a Competent Court. We may further notice that in
sub-section (2) the injunction is “shall not be evicted
or excluded from the shared household save in
accordance with procedure established by law”. Thus,
the provision itself contemplates adopting of any
procedure established by law by the respondent for
eviction or exclusion of the aggrieved person from the
shared household. Thus, in appropriate case, the
competent court can decide the claim in a properly
instituted suit by the owner as to whether the women
need to be excluded or evicted from the shared
household. One most common example for eviction and
exclusion may be when the aggrieved person is provided
same level of alternate accommodation or payment of
rent as contemplated by Section 19 sub-section (f)
itself. There may be cases where plaintiff can
successfully prove before the Competent Court that the
claim of plaintiff for eviction of respondent is
accepted. We need not ponder for cases and
circumstances where eviction or exclusion can be
allowed or refused. It depends on facts of each case
for which no further discussion is necessary in the
facts of the present case. The High Court in the
impugned judgment has also expressed opinion that suit
filed by the plaintiff cannot be held to be nonmaintainable
with which conclusion we are in agreement.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2483 of 2020
SATISH CHANDER AHUJA Vs SNEHA AHUJA
Author: ASHOK BHUSHAN, J.
Dated: 15-10-2020.
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