SUSHMA SHARMA Vs. BIMLA DEVI SHARMA

JUDGEMENT

(1.) BY this Regular Second Appeal filed under Section 100 of Code of Civil Procedure, 1908 (CPC) challenge is laid to the two concurrent judgments of the courts below; of the trial court dated 20.7.2011 and the first appellate court dated 21.11.2013; by which the suit of the respondent/plaintiff/mother -in -law for permanent and mandatory injunction has been decreed against the appellant/defendant/daughter -in -law.

(2.) THE courts below have relied upon the judgment of the Supreme Court reported as S.R. Batra & Anr. Vs. Smt. Taruna Batra (2007) 3 SCC 169 which holds that a daughter -in -law has no right of residence in the house of the mother -in -law or the father -in -law, and which house of the mother -in -law or the father -in -law is not a shared household with the daughter -in -law, so as to claim a right of residence therein by the daughter -in -law. I may also note that the Division Bench of this Court in the case of Shumita Didi Sandhu Vs. Sanjay Singh Sandhu & Ors. 174 (2010) DLT 79 (DB) has also followed the aforesaid judgment of the Supreme Court in the case of S.R. Batra (supra) and held that the daughter -in -law will not have a right of residence in the house of mother -in -law or the father -in -law. The relevant paras of this judgment in the case of Shumita Didi Sandhu (supra) are paras 40, 41 and 45 to 48 and the same read as under: -

(3.) THE appeal is therefore dismissed, leaving the parties to bear their own costs.