Matters of undivided dwelling house in question : high court of Calcutta
Since the husband of the opposite party no.1 is a co-sharer of the undivided dwelling house in question , the ratio “ S.R Batra and another V. Smt. Tarun’s Batra” reported in AIR 2007 SC 1118 is not applicable in the facts of the present case, was upheld in by the high court of Calcutta by the learned bench of Judicial Magistrate, Serampore in the case of Gautam Bag and others V. Smt. Kalpana Bag and another
C.R.R.No. 3384 of 2015.
The petition of complaint filed by the opposite party no.1 against the petitioners before the trial court that the petitioner no.1 is the brother-in-law of the opposite party no.1 and other petitioners are members of family of the petitioner no.1. It also appears from the said petition of complaint that both the petitioners and the opposite party no.1 have been residing in the undivided dwelling house which belonged to one Sudhabala Devi, since deceased.
Sudhabala Devi happens to be the mother-in-law of the opposite party no.1 and the mother of the petitioner no.1. It is alleged in the said petition of complaint that the petitioners threatened to dispossess the opposite party no.1 from the undivided dwelling house.
It has been found that there is domestic relationship between the petitioner no.1 and the opposite party no.1 and the opposite party no.1 has claimed relief before the trial court as an aggrieved person under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The dwelling house in question resided by the petitioner no.1 and the opposite party no.1 may be construed as shared household within the meaning of Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.
Since the opposite party no.1 as an aggrieved person has prayed for relief against the petitioner no.1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, I am of the view that the present proceeding being Misc. Case no. 153 of 2015 pending before the court of learned Judicial Magistrate, Serampore is maintainable in law.
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Judgement reviewed by -Rani Banerjee.