TARUNA BATRA Vs. S R BATRA

JUDGEMENT

(1.) The controversy that I am called upon to decide in the present case under Article 227 of the Constitution essentially relates to the situs of the matrimonial home of the Petitioner, who is the daughter in law of the Respondents.

(2.) The Petitioner'was married to Amit Batra on 14th April, 2000. They have a male child born on 27th November, 2001. Soon after their marriage, as per the prevailing practice, the Petitioner shifted into the home of Amit Batra and the Respondents, that is, in the ground floor of property No. B-135, Ashok Vihar, Phase I, Delhi. The entire property belongs to the Respondents but all of them lived together on the ground floor.

(3.) It seems that some time in early 2002, relations between the parties deteriorated. According to the Petitioner, the Respondents treated her cruelly, and so the Petitioner and Amit Batra later shifted to the second floor of the said property, which became their matrimonial home. However, it appears that their shifting to the second floor of the said property did not improve relations between the Petitioner and the Respondents. On the contrary, relations deteriorated to such an extent that the Petitioner registered an FIR against the Respondents, Amit Batra and other family members under the provisions of Sections 406/498-A/506 and 34 of the IPC. On the basis of her complaint, the Respondents, their son in law and Amit Batra were arrested in January 2003.