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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.

NEELAM GUPTA vs MAHIPAL SHARAN GUPTA · Niyam