The Bombay High Court has said in its decision that a woman who had left her matrimonial house before getting divorced cannot claim rights over that house. Even if his appeal for divorce is pending.
The Aurangabad bench of the High Court has given this decision in the case of a divorced couple. Actually the couple got married on 10 June 2015. But the husband alleges that his wife’s attitude was very bad and the woman left the house only after a few months of marriage.
After this, the woman moved the Magistrate Court under the Domestic Violence Act, on which the court had directed the husband to pay her an alimony of Rs 2,000 per month and Rs 1,500 per month for the rent of the house.
But the woman challenged this order in the Udgir sessions court and demanded amendment in the order. After this, the court amended the order and directed the husband and his family members to give the woman a place to live in the house. This house is in the name of the father-in-law of the woman, who had bought this house with his savings.
After this decision, the family members of the woman’s husband moved the High Court. Justice Sandeep Kumar More said that it has now been decided that although the house is in name of the mother-in-law of the woman, but the woman can claim the house.
However, the bench said regarding this matter that the marriage of the man and woman was broken in July 2018. Therefore, the family members of the woman’s husband claimed that since the woman is now divorced, she cannot claim to live in the house. On this, the woman said that her husband had divorced fraudulently, so she has filed an appeal against the divorce.
However, Justice More said that Section 17 of the Domestic Violence Act gives the right of residence but only if the woman was residing in that house before the divorce. After getting divorce, a woman cannot claim any kind of house.
