Deserted wife is entitled to contest eviction suit filed against her husband
The position of law which emerges on a conjoint reading of the Rent Control Legislation and Personal Laws providing for right to maintenance ___ which will include the right to residence of a wife, including a deserted or divorced wife, may be examined. The Rent Control Law makes provision for protection of the tenant not only for his own benefit but also for the benefit of all those residing or entitled to reside with him or for whose residence he must provide for. A decree or order for eviction would deprive not only the tenant of such protection but members of his family (including the spouse) will also suffer eviction. So long as the tenant defends himself, the interest of his family members merges with that of the tenant and they too are protected. The tenant cannot, by collusion or by deliberate prejudicial act, give up the protection of law to the detriment of his family members. So long as a decree for eviction has not been passed the members of the family are entitled to come to the court and seek leave to defend and thereby contest the proceedings and such leave may be granted by the court if the court is satisfied that the tenant was not defending ___ by collusion, connivance or neglect ___ or was acting to the detriment of such persons. Such a situation would be rare and the court shall always be on its guard in entertaining any such prayer. But the existence of such a right flows from what has been stated hereinabove and must be recognized.
Supreme Court of India
B.P. Achala Anand vs S. Appi Reddy & Anr on 11 February, 2005
Bench: G Mathur, P Balasubramanyan
CASE NO.:Appeal (civil) 4250 of 2000
