ISSUE:
Whether the Ashok Vihar house qualifies to be a “shared household” under Section 2(s) of the Protection of Women from Domestic Violence Act,2005?
Whether the Ashok Vihar house can be considered the matrimonial house of Smt. Taruna Batra after her husband’s relocation to Ghaziabad?
Whether the respondent have the right to reside in the Ashok Vihar property, owned solely by her mother-in-law?
Whether respondent is entitled to alternate accommodation under Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005, and if so, whether this obligation is limited to her husband alone?
RULE:
It is only the legislature which can create a law and not the Court. The courts do not legislate, and whatever may be the personal view of a Judge, he cannot create or amend the law and must maintain judicial restraint.
Interpretation which leads to absurdity should not be accepted.
The wife’s right to reside in a “shared household” is limited to her husband’s property or joint family property in which the husband has a stake, excluding in-law’s properties.