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Mar 30, 2009

DV ACT S.R. Batra v. Taruna Batra,(2007)3 SCC 169 Interpreting the provisions of the Domestic Violence Act this Court in held that even a wife could not claim a right of residence in the property belonging to her mother-in-law, stating : "17. There is no such law in India like the British Matrimonial Homes Act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother-in-law. 18. Here, the house in question belongs to the mother-in-law of Smt Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt Taruna Batra cannot claim any right to live in the said house. 19. Appellant 2, the mother-in-law of Smt Taruna Batra has stated that she had taken a loan for acquiring the house and it is not a joint family property. We see no reason to disbelieve this statement."

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