Supreme Court of India · 2020-04-29
NEELAM GUPTA vs MAHIPAL SHARAN GUPTA
- Citation / case number
- SC 2018/47561
- Court
- Supreme Court of India
- Petitioner
- NEELAM GUPTA
- Respondent
- MAHIPAL SHARAN GUPTA
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the orders of the High Court affirming the protection granted to the appellant under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Court reiterated that the appellant is entitled to a shared residence as her matrimonial home, and her possessory rights cannot be disturbed without a specific order from the Magistrate. The Court emphasized the importance of protecting the rights of women under the DV Act, affirming the lower courts' decisions regarding the appellant's right to reside in the shared household.