HC: Woman Can Live in Matrimonial Home Even if it Doesn’t Belong to Husband
The Bombay High Court has said that a woman has the right to live in her matrimonial home even if it doesn’t belong to her husband. The High Court relied on the Protection of Women from Domestic Violence Act to protect a woman whose husband wanted to dispossess her. The husband claims she had barged into his father’s Mulund home, saying it was her matrimonial home.
The woman appealed in the HC saying that she was thrown out of her matrimonial home. Justice Shalini Phansalkar-Joshi said that the Domestic ViolenceAct has been enacted to secure the right of a woman to reside in her matrimonial or shared household irrespective of whether she has any right, title or interest in it.
This court cannot fall victim to the tricks or ploys played by the respondent husband in such cases
The judge said that the dispute between the two had started when both were in the Mulund flat. Since they lived together there, it becomes her shared household under the Act and she has the right to reside in it. The husband argued that he was now living in a separate flat, but the judge said that there was no proof that he had actually shifted to a new residence in Navi Mumbai.
Since they lived together there, it becomes her shared household under the Act and she has the right to reside in it
A Family Court had earlier said that since there is nothing to prove the son has any interest or title in the property along with his father, the wife has no right to claim any relief in respect of the property.
The HC said that the impugned order passed by the Family Court cannot be called just, legal or correct. “This court cannot fall victim to the tricks or ploys played by the respondent husband in such cases,” said the judge.