Refusing to pass an order directing a husband accused of domestic violence to vacate from a flat the couple jointly own, a sessions court has said that he has an equal legal right in it. It also prohibited him from committing any further acts of violence.
The wife was living with her two daughters at her parents' home, after leaving her matrimonial home due to the alleged ill-treatment by her husband and his family. She had told the court that there was a space crunch at her parents' home and sought that the court passes an order directing the husband to leave the Byculla flat so she could live there with her daughters. The property was purchased on a home loan the couple was still repaying.
The Mazgaon magistrate court order said that the applicant and her daughters have the liberty to stay at the Byculla flat if they desire and directed the husband and in-laws to honour their wish if they choose to do so and also ensure their safety. It further said, however, that the husband cannot be removed from its possession as he has an equal right on account of being the joint owner. “Besides, he has the moral authority to share the home with his wife and daughters in order to look after their well-being,” the order read.
The wife had also claimed monthly interim maintenance of Rs50,000 from the husband. The court directed him to pay her Rs17,000 towards his two daughters. It considered that while the wife earns Rs42,000 monthly, he earns Rs1.15 lakh. It said that proportionately the wife earns less than him and “therefore it would be proper to direct him to bear reasonable expenses to meet the daily needs of his daughters”.
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