Women can enforce right on shared household
Mrs Sarika Mahendra Sureka vs Mr Mahendra
APPEAL FROM ORDER NO.910 OF 2014 WITH CIVIL APPLICATION NO.1095 OF 2014 IN APPEAL FROM ORDER NO.910 OF 2014
About/from the judgment:
WOMEN CAN ENFORCE RIGHT ON SHARED HOUSEHOLD!
Thus, when the very object of enactment of D.V. Act is to protect the right of married woman in the “shared household” irrespective of to whom such house belongs and when the very concept of her right of residence being linked to title or ownership of the house being alien and kept away from the scheme of the Act, as due to the very absence of right, title or interest in the matrimonial home, she was thrown out therefrom, to import again the very same concept of title and ownership is defeating the very object of the Act, setting at naught the legislative efforts and most importantly depriving the woman of her human rights, which are given statutory recognition under D.V. Act.
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