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january 2011

Supreme Court of India · 2011-01-31

Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade & Ors

Citation / case number
AIR 2011 SC( CRI) 567
Court
Supreme Court of India
Petitioner
Sou. Sandhya Manoj Wankhade
Respondent
Manoj Bhimrao Wankhade & Ors
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court held that under Section 498A IPC and the Protection of Women from Domestic Violence Act, 2005, a woman has the right to reside in a shared household, which includes her matrimonial home, irrespective of ownership. The Court emphasized that the definition of 'shared household' under Section 2(s) of the Domestic Violence Act is broad enough to include the matrimonial home, thereby protecting the rights of the wife against eviction. The judgment of the Bombay High Court was set aside, affirming the Appellant's right to reside in her matrimonial home until the final disposal of the domestic violence proceedings.

Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade & Ors · Niyam