'Matrimonial Home' is not specifically defined in any matrimonial law in India. However, with the introduction of 'Domestic Violence Act (in short), a wife has a right to stay in the matrimonail home' but no ownership right gets transferred to her. After the amendment in Hindu Marriage Act, a wife has a right to sue at the place of her residence, which by a golden interpretation can include her matrimonial home also. Interestingly, 'Wife' is not a defined term in matrimonial laws. As per section 125 of Cr.P.C. a wife includes a 'Divorced Wife' also. 'Maintenance' is defined under section 3 (b) of Hindu Adoption and Maintenance Act.
As observed by the Supreme Court, 'Matrimonial home' is not defined in any of the statutory provisions. However, phrase ?Matrimonial home? refers to the place which is dwelling house used by the parties, i.e., husband and wife or a place which was being used by husband and wife as the family residence. Matrimonial home is not necessarily the house of the parents of the husband. In fact the parents of the husband may allow him to live with them so long as their relations with the son (husband) are cordial and full of love and affection. But if the relations of the son or daughter-in-law with the parents of husband turn sour and are not cordial, the parents can turn them out of their house. The son can live in the house of parents as a matter of right only if the house is an ancestral house in which the son has a share and he can enforce the partition
It is general perception that the house where the wife lives with husband is known as matrimonial house it was clearly defined as share hold house in the domestic violence act 2005
In section 125 the wife includes the divorced wife also only fo the maintenance.
Hope your query is clarified in detail.
