Team  SoOLEGAL

Woman who leaves matrimonial house before divorce can't claim right to reside in the house even if appeal pending Bombay High Court

Team SoOLEGAL 6 Oct 2022 12:07pm

Woman who leaves matrimonial house before divorce can't claim right to reside in the house even if appeal pending Bombay High Court

New Delhi: The Aurangabad bench of the High Court of Bombay, in a criminal revision application, held that a divorced wife, even if an appeal under divorce is pending, would not be entitled to the right of residence conferred under section 17 of the Domestic Violence Act (D.V.Act) since the said right is not available to her as she was not in a domestic relationship anymore. For residence order, a divorced wife was included in the definition of aggrieved person under the act only if she was found occupying the shared household and as such cannot be evicted therefrom without following the due process of law.

 

Section 17 of the Domestic Violence Act (D.V.Act) which confers the right to reside in a shared household, reads as follows:

 

“17. Right to reside in a shared household-

(1)  Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title, or beneficial interest in the same.

(2)   The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law”.

 

Brief background facts of the case are as follows:

·         The criminal revision was filed by the in-laws of the complainant's wife.

·         The shared household was owned by the father-in-law of the complainant's wife.

·         The marriage between husband and complainant wife was already dissolved by a decree of divorce.

·         The complainant's wife filed an Appeal against the divorce decree on the ground of fraud, which was pending.

 

In the instant matter, the lower court had passed an order giving residence right to the complainant's wife, of one room on the ground floor with the facility of attached WC, toilet, and electricity in the shared household which was owned by the father-in-law. Subsequently, her marriage was dissolved. The criminal revision application was filed by the parents of the husband, being the in-laws, of the complainant under the DV Act challenging the impugned orders on the ground that a divorced wife cannot claim the right to residence in a shared household.

 

The court while deciding the rights of a divorced wife under the D.V.Act opinioned that

a)    A divorced wife would not be entitled to the right of residence conferred under section 17 of the DV act;

b)    A divorced wife would not be entitled to implementation of an earlier residence order under the D.V Act passed when she was having a status of a wife, in light of changed circumstances of a subsequent divorce;

c)    A divorced wife, who does not have a shared household, can seek an alternative remedy such as rent for accommodation from her husband.

Accordingly, the Single Bench of the High Court quashed the impugned order passed by the lower court granting right of residence to a divorced woman in her in-law’s house. 



Tagged: Woman    matrimonial house  
Did you find this write up useful? YES 0 NO 0
cindy byrd   18 Oct 2022 12:53pm
I can’t think of anything more painful or heartbreaking than hearing your husband say “I don’t love you anymore. Or “It’s over. I’m in love with someone else.” Everything I’m going to suggest will sound counterintuitive. But these radical measures are what I’ve seen breathe new life into broken marriages for thousands of women in your distressing situation—and what I did to revitalize my own broken marriage. My husband left me and needed help by all means because I wasn´t ready to loose my family to that wrench who wants to take my husband from me and from his children, at this point I was already 9 months pregnant with our other baby. and i needed help, so i searched for help online and I came across a website that suggested that Dr.Excellent have helped thousands of Women/Men to get their Ex-lover back.. So messaged the spell caster called Dr.Excellent, and he assured me there was no problem and that everything will be ok, and he told me what is needed to be done and i provide the necessary things. He cast the spell and surprisingly 28 hours later my husband called me. It was so surprising, I answered the call and all he said was that he was so sorry for everything that has happened He wanted us to come back together. He also said he loved me so much. I was so happy and went to him that was how we started living together happily again.thanks to Dr.Excellent . if you are here and your Lover is turning you down, or your boyfriend moved to another girl, do not cry anymore, contact Dr.Excellent for help now..Here his contact.WhatsApp: +2348084273514 , Email: Excellentspellcaster@gmail.com
Reply
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com