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Whether an estranged husband who was prima facie shown to be violent could be allowed into matrimonial home where wife resided with her

LIYANA SHAJI ,
  18 May 2020       Share Bookmark

Court :
Bombay High Court
Brief :
The Court held under Section 19(1)b of the DV Act, the respondent be denied the right to live in the matrimonial home despite he being the owner of such shared household. The object behind this lies on the idea that even though he is an owner of the household he does not have any right to subject his wife to domestic violence.
Citation :
Sabita Mark Burges v. Mark Lionel Burges 2013(4)ABR542
  • HON'BLE JUDGE: R.S. Dalvi, J.
  • SUBJECT: PROPERTY

Contentions raised by the Petitioner

  • The petitioner wife challenges the order allowing the application of the respondent husband to use and occupy certain areas of the matrimonial home.
  • The wife alleges that the violence caused by respondent had not only been subjected to her but also to her kids.
  • She claims that it will become impossible for her and her children to live in peace at their home.
  • The wife has contended that the petitioner could  reside well in the said flat pending the petition.

Contentions raised by the Respondent

  • The respondent claims that the that the matrimonial home belongs to both the parties and hence he must be allowed to enter thereupon. He had left the matrimonial home due to various disputes that arose.
  • The respondent also contends that he was thrown out of the house by the appellant and had been subjected to violence caused by the appellant not just with her bare hands but also with knives.
  • He also alleges that the police visited their house in Singapore four times and also the fact that the wife’s domestic violence frightened their children.
  • The respondent husband has claimed that he spent lavishly for his children and sufficiently maintained the wife and children.
  • He claims the right to live in the matrimonial home because he is an equal owner of the flat.

Judgment

The Court held under Section 19(1)b of the DV Act, the respondent be denied the right to live in the matrimonial home despite he being the owner of such shared household. The object behind this lies on the idea that even though he is an owner of the household he does not have any right to subject his wife to domestic violence.

 
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Published in Property Law
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