Nitish Banka

    • Can wife forcefully enter the matrimonial home under the domestic violence act?

    Many clients ask me this question? will the wife be allowed to enter the matrimonial home under domestic violence act?

    Many old parents are scared that they would be evicted from their own house and court will allow the wife to reside with them or give the property of wife.

    A lot of tension is created in such a scenario.

    I have done some research and let us find out if this is true or not?

    Now there are two scenarios.. One is the normal scenario the property where wife residing in matrimonial home is owned by in laws and not the husband….But husband is staying with his parents i.e inlaws and wife and wife alleges she was thrown out of the matrimonial house. She needs shelter and demanded residence rights and protection from in-laws.

    The answer to this scenario lies in the fact since the property is owned by in-laws, she does not get a right to reside in shared household because husband does not have any right title interest in the property.

    On the other hand husband is casted by a responsibility to provide alternate accommodation/rental which will be part of the maintenance

    1. Thus, looking at the totality of the circumstances and the pleadings as well as the order X, CPC statements, it cannot be said that the learned single Judge was off the mark when he observed that there is no dispute that the suit property belongs to the defendant Nos. 2 and 3. Therefore, the first point of attack that the conclusion of the learned single Judge was founded on a wrong premise, falls to the ground. We must emphasise once again that the right of residence which a wife undoubtedly has does not mean the right to reside in a particular property. It may, of course, mean the right to reside in a commensurate property. But it can certainly not translate into a right to reside in a particular property. It is only in that property in which the husband has a right, title or interest that the wife can claim residence and that, too, if no commensurate alternative is provided by the husband

    Shumita Didi Sandhu vs. Sanjay Singh Sandhu and Ors. (03.09.2012 – DELHC) : MANU/DE/4077/2012

    Now take another scenario in which husband has a share in property or is not coming up for the proceedings. He was disowned and abandoned the complainant wife.

    In that scenario wife can demand and be allowed shelter in the shared household that is the matrimonial home..

    I have made compendium of judgements you can download fill the form…