Observing thus, the Bench of Justice Sandipkumar More quashed the lower court’s order granting the right to residence to a woman including access to amenities in the house.

Observing thus, the Bench of Justice Sandipkumar More quashed the lower court’s order granting the right to residence to a woman including access to amenities in the house.

A the outset, the court noted that Section 17 of the DV Act provides a right to residence but it is only available if the woman continues to reside in a shared household before the divorce.

The bench made these observations while hearing a revision plea filed by in-laws assailing the Magistrate’s order allowing a divorced wife to reside in a shared household (the matrimonial house) that stood in the name of her father-in-law.

It was also pointed out by the in-laws that the family court had dissolved their son’s marriage in July 2018 and also submitted that the wife’s appeal against the order is pending before the High Court.