The Bombay High Court (Aurangabad Bench) recently ruled that a woman who leaves her matrimonial home before obtaining a divorce cannot seek the “right to residence” under the Protection of Women from Domestic Violence Act, even if her appeal against the divorce decree is ongoing.
Justice Sandipkumar More’s bench overturned a lower court’s decision that had granted the woman rights to residence and access to amenities in the shared household. The court emphasized that Section 17 of the DV Act only provides this right if the woman continues to reside in the shared household.
The case arose from a revision petition filed by the woman’s in-laws challenging a magistrate’s order permitting her to stay in the matrimonial house despite the divorce. The in-laws argued that the house belonged to the husband’s father and pointed out that the family court had finalized the divorce in July 2018, with the wife’s appeal pending in the High Court.
The High Court noted that the wife had voluntarily left the matrimonial home long before the divorce proceedings, without showing any evidence that she was compelled to leave by her husband or in-laws. Therefore, the court concluded that she could not claim residence in the matrimonial house.
Case Title: Umakant Havgirao Bondre versus Sonali Suraj Bondre
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