Failed To Prove Shared Household: Delhi High Court Dismisses Appeal for Residence Right in Domestic Violence Case

In a significant ruling, the Delhi High Court dismissed an appeal filed by an appellant-wife seeking the right of residence in a property considered as a shared household. The Court, in its judgement dated January 25, 2024, upheld the Family Court’s decision, stating that there was “no error in the Family Court’s judgement” (Para 32), thereby rejecting the appellant’s claim.

The case, Identified as MAT.APP.(F.C.) 80/2023 & CM APPL.14336/2023, involved the appellant-wife Sonia Khurana challenging the Family Court’s verdict which had dismissed her application for residence rights under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The marriage between Sonia Khurana and Pradeep Khurana was solemnized on August 29, 1999, and the dispute revolved around the residence in a property post their separation.

The High Court meticulously analyzed the definition of 'shared household' under the DV Act. The bench, comprising Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Neena Bansal Krishna, observed, “What is ‘shared household’ has been defined in Section 2(s) of the DV Act…” (Para 24). The Court further elaborated that the appellant had not established that the disputed property was a shared household.

In regards to maintenance and child support, the High Court noted that the respondent had been paying Rs. 75,000/- per month for the maintenance and education of the children and the appellant. The Court observed, “the appellant is getting maintenance which may be able to account for her expenses for the house…” (Para 29-30).

The ruling has significant implications in cases involving claims of residence rights under the DV Act. The Delhi High Court’s decision underscores the importance of clear legal definitions and the need for concrete evidence to substantiate claims in domestic violence cases.

This judgement serves as a precedent in clarifying the application of the DV Act in residence rights disputes and highlights the Court’s approach in dealing with such complex issues.

The appeal was ultimately dismissed by the High Court, concluding that the Family Court’s decision did not warrant interference, thus setting a crucial legal precedent in cases of domestic violence and residence rights.

Date of Decision: January 25, 2024

Sonia Khurana VS Pradeep Khurana