Bench: S Sinha, Mark, E Katju
CASE NO.:
Appeal (civil) 5837 of 2006
PETITIONER:
S.R. Batra and Anr.RESPONDENT:
Smt. Taruna Batra
DATE OF JUDGMENT: 15/12/2006
BENCH:
S.B. Sinha & Markandey Katju
JUDGMENT:
JUDGMENT
MARKANDEY KATJU, J.
Leave granted.
This appeal has been filed against the impugned judgment of the Delhi High Court dated 17.1.2005 in C.M.M.
No. 1367 of 2004 and C.MM. No. 1420 of 2004.
Heard learned counsel for the parties and perused the record.
The facts of the case are that respondent Smt. Taruna Batra was married to Amit Batra, son of the appellants,
on 14.4.2000.
After the marriage respondent Taruna Batra started living with her husband Amit Batra in the house of the
appellant no.2 in the second floor. It is not disputed that the said house which is at B-135, Ashok Vihar,
Phase-I, Delhi belongs to the appellant no.2 and not to her son Amit Batra.
Amit Batra filed a divorce petition against his wife Taruna Batra, and it is alleged that as a counter blast to the
divorce petition Smt. Taruna Batra filed an F.I.R. under Sections 406/498A/506 and 34 of the Indian Penal
Code and got her father-in-law, mother-in-law, her husband and married sister-in-law arrested by the police
and they were granted bail only after three days.
It is admitted that Smt. Taruna Batra had shifted to her parent's residence because of the dispute with her
husband. She alleged that later on when she tried to enter the house of the appellant no.2 which is at property
No. B-135, Ashok Vihar, Phase-I, Delhi she found the main entrance locked and hence she filed Suit No.
87/2003 for a mandatory injunction to enable her to enter the house. The case of the appellants was that before
any order could be passed by the trial Judge on the suit filed by their daughter-in- law, Smt. Taruna Batra,
along with her parents forcibly broke open the locks of the house at Ashok Vihar belonging to appellant No.
2, the mother- in-law of Smt. Taruna Batra. The appellants alleged that they have been terrorized by their
S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006
