The Bombay High Court (Aurangabad Bench) has ruled that a woman cannot claim the right to live in her matrimonial home under the Protection of Women from Domestic Violence Act, 2005, if she had left the house before getting a divorce.
The decision came from Justice Sandipkumar More, who quashed a lower court order that allowed the woman to stay in her former in-laws’ house and access its facilities.
Key Points of the Judgment:
- The woman’s divorce had been granted in July 2018, but her appeal against the divorce is still pending in the High Court.
- The woman’s in-laws challenged the Magistrate’s order that allowed her to return to the shared household, claiming that the house belonged to her father-in-law, not to her husband.
- The court looked at Section 17 of the Domestic Violence Act, which allows a woman to claim residence in the shared household—but only if she was living there before the divorce.
- It was found that the woman voluntarily left the house much before the divorce and failed to provide any proof that she was forced to leave by her husband or in-laws.
Court’s Conclusion:
The High Court said that since the woman left the house willingly, and there was no evidence of force or abuse, she cannot claim residence rights under the DV Act. Her appeal being pending in court does not change this legal position.
Case Title:
Umakant Havgirao Bondre vs Sonali Suraj Bondre
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