Whether the court should refuse eviction decree to landlord if there is dispute between husband and wife under DV Act?

In a dispute between the husband and wife under the

Domestic Violence Act, the landlord, who otherwise is entitled to

the decree of eviction should not be made to suffer. The dispute

between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to. If the wife has any

grievance against the husband, may be in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy  which may be available to her against the husband.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2939/2022

ARCHANA GOINDI KHANDELWAL Vs RAJESH BALKRISHNAN MENON & ORS.

Date : 04-03-2022 

This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MRS. JUSTICE B.V. NAGARATHNA

UPON hearing the counsel the Court made the following

O R D E R

We are in complete agreement with the view taken by the High

Court. In a dispute between the husband and wife under the

Domestic Violence Act, the landlord, who otherwise is entitled to

the decree of eviction should not be made to suffer. The dispute

between the husband and wife under the Domestic Violence Act shall

not preclude and/or affect the right of the landlord to get the

possession if otherwise he is entitled to. If the wife has any

grievance against the husband, may be in respect of the alternative

accommodation, the same is required to be adjudicated in the

proceedings under the Domestic Violence Act and/or any other remedy

which may be available to her against the husband.

The Special Leave Petition stands dismissed.

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