Case Note & Summary
The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pune in P.A.No. 743 of 2015. The first order dated 27th May, 2016 allowed the wife's application under the Protection of Women from Domestic Violence Act, 2005, directing the husband to vacate the jointly owned flat within 30 days. The second order dated 26th April, 2017 directed the husband to provide vacant possession and also make appropriate provision for his mother's residence. The parties were married on 26th June, 2004 and had a son. The wife alleged cruelty by the husband and his mother, and the husband had filed for divorce on grounds of cruelty. The wife claimed that the flat was jointly owned and she had contributed a major share. The Family Court relied on a transcript of conversation between the parties to conclude that the husband was abusive. The husband argued that the wife had left the flat voluntarily and that he had no other residence, and that his mother could not be directed to be accommodated elsewhere. The High Court held that the wife, as a joint owner, had a right to reside in the shared household and that the Family Court's orders were just and proper. The court noted that the husband had not challenged the finding of domestic violence and that the wife's right to residence could not be defeated by the husband's claim of ownership. The petition was dismissed with no order as to costs.
Headnote
A) Protection of Women from Domestic Violence Act, 2005 - Right to reside in shared household - Section 17 - The wife, as a joint owner, has a right to reside in the shared household, and the husband cannot be allowed to oust her. The Family Court's direction to the husband to vacate the flat was upheld. (Paras 1-10)
B) Protection of Women from Domestic Violence Act, 2005 - Domestic violence - Evidence - Transcript of conversation - The Family Court relied on the transcript of conversation between the parties to conclude that the husband was in an abusive relationship, which constituted domestic violence. (Paras 3-5)
C) Hindu Marriage Act, 1955 - Maintenance pendente lite - Section 24 - The Family Court directed the husband to pay maintenance to the wife, which was not challenged in this petition. (Para 6)
D) Protection of Women from Domestic Violence Act, 2005 - Residence order - Section 19 - The Family Court's order directing the husband to vacate the flat and provide alternative accommodation for his mother was held to be just and proper, as the wife's right to reside in the shared household is paramount. (Paras 7-10)
Issue of Consideration
Whether the Family Court was justified in directing the husband to vacate the jointly owned flat and hand over possession to the wife under the Protection of Women from Domestic Violence Act, 2005, and whether the husband's mother could be directed to be accommodated elsewhere.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Family Court. No order as to costs.
Law Points
- Right of wife to reside in shared household
- Protection of Women from Domestic Violence Act
- 2005
- Section 17
- Section 19
- Joint ownership
- Matrimonial home
- Domestic violence
- Transcript of conversation as evidence
- Maintenance pendente lite
- Section 24 Hindu Marriage Act
- 1955
Case Details
2017 LawText (BOM) (11) 99
Writ Petition No. 7176 of 2017
Mr. Nitin P. Dalvi for the Petitioner, Mr. Abhijeet D. Sarawate for the Respondent
Rakhee Jaideep Gholkar @ Rakhee Sudhir Shejwalkar
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging orders of Family Court in a matrimonial dispute involving domestic violence and right to residence.
Remedy Sought
The petitioner husband sought to quash the Family Court orders directing him to vacate the jointly owned flat and provide alternative accommodation for his mother.
Filing Reason
The husband challenged the Family Court's orders that directed him to vacate the matrimonial home and provide residence for his mother, arguing that the wife had voluntarily left and that he had no other residence.
Previous Decisions
Family Court No.2, Pune passed order dated 27th May, 2016 allowing wife's application under Domestic Violence Act and directing husband to vacate flat; further order dated 26th April, 2017 directing husband to provide vacant possession and make provision for his mother's residence.
Issues
Whether the Family Court was justified in directing the husband to vacate the jointly owned flat and hand over possession to the wife under the Protection of Women from Domestic Violence Act, 2005.
Whether the Family Court could direct the husband to make provision for his mother's residence elsewhere.
Submissions/Arguments
Petitioner argued that the wife had voluntarily left the flat and that he had no other residence; the mother could not be directed to be accommodated elsewhere.
Respondent argued that she was a joint owner and had been subjected to domestic violence; she had a right to reside in the shared household.
Ratio Decidendi
A wife who is a joint owner of a shared household has a right to reside therein under Section 17 of the Protection of Women from Domestic Violence Act, 2005, and the husband cannot oust her. The Family Court's direction to the husband to vacate the flat and provide alternative accommodation for his mother was just and proper.
Judgment Excerpts
By this writ petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 27th May, 2016 below Ex.1 and order dated 26th April, 2017 below Ex.56 in P.A.No. 743 of 2015 passed by the learned Family Court No.2, Pune.
The Family Court considered the said transcript of conversation between the parties and observed that the petitioner herein was in abusive relationship with the respondent and the respondent was out of the flat though she had contributed major share while purchasing the flat.
Procedural History
The respondent wife filed an application under the Protection of Women from Domestic Violence Act, 2005 in P.A.No. 743 of 2015 before Family Court No.2, Pune. The Family Court allowed the application on 27th May, 2016 directing the husband to vacate the flat. The husband filed an application (Ex.56) which was dismissed on 26th April, 2017, with further directions. The husband then filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: Section 17, Section 19
- Hindu Marriage Act, 1955: Section 24
- Constitution of India: Article 227
