Bombay High Court: No Right to Residence for Wife Who Leaves Matrimonial Home Before Divorce
In a recent judgment, the Bombay High Court (Aurangabad Bench) ruled that a wife who left her matrimonial home before getting a divorce cannot later claim the right to residence under the Protection of Women from Domestic Violence Act, 2005 (DV Act). This ruling also applies if the woman’s appeal against the divorce decree is still pending.
The bench, led by Justice Sandipkumar More, set aside a lower court’s decision that had granted the woman the right to reside in her matrimonial home and access its amenities.
Key Observations by the Court
The court emphasized that Section 17 of the DV Act provides a right to residence for women in shared households. However, this right applies only if the woman continues to reside in the matrimonial home before the divorce.
The case involved a revision plea filed by the in-laws of the woman, challenging a magistrate’s order that allowed the divorced wife to reside in the shared household, which was registered under the father-in-law’s name.
The in-laws pointed out that:
- The marriage was dissolved by the Family Court in July 2018.
- The wife’s appeal against the divorce decree is pending before the High Court.
- The wife had left the matrimonial home long before the divorce.
The court found no evidence that the wife was forced to leave the home by her husband or in-laws. Based on these facts, the court ruled that the wife cannot claim the right to residence in her matrimonial home.
Implications of the Judgment
This judgment reinforces the legal interpretation that the right to residence under the DV Act is not applicable if the woman voluntarily leaves the matrimonial home before divorce.
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