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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

DIVORCED WIFE NOT ENTITLED TO RESIDENCE ORDER U...

  • 2022-12-29T14:13:33

DIVORCED WIFE NOT ENTITLED TO RESIDENCE ORDER UNDER PWDVA The Aurangabad bench of the Bombay High Court observed that a divorced woman is not entitled to claim a residence order under Section 17 of The Protection of Women from Domestic Violence Act, 2005. A divorced woman is only entitled to claim a residence order when she is found to be occupying the shared household, the single-judge bench observed. In the context of the right to residence, the bench held that the divorced wife is not entitled to invoke Section 17 as the same is only available to a woman in a domestic relationship. However, the divorced wife was included in the definition of ‘aggrieved person’ under section 17(2) only if she was found to be occupying the shared household. She can only be evicted from the shared household in accordance with the procedure established by law. Thus, the divorced wife can only claim the residence order when she was found occupying the shared household, it was held. Reddy & Reddy Law Firm provides its clients with clear, decisive and pragmatic advice in real estate matters from the beginning till the end. We seek to offer solutions to contentious property issues by giving hands-on advice and innovative solutions.

DIVORCED WIFE NOT ENTITLED TO RESIDENCE ORDER UNDER PWDVA The Aurangabad bench of the Bombay High Court observed that a divorced woman is not entitled to claim a residence order under Section 17 of The Protection of Women from Domestic Violence Act, 2005. A divorced woman is only entitled to claim a residence order when she is found to be occupying the shared household, the single-judge bench observed. In the context of the right to residence, the bench held that the divorced wife is not entitled to invoke Section 17 as the same is only available to a woman in a domestic relationship. However, the divorced wife was included in the definition of ‘aggrieved person’ under section 17(2) only if she was found to be occupying the shared household. She can only be evicted from the shared household in accordance with the procedure established by law. Thus, the divorced wife can only claim the residence order when she was found occupying the shared household, it was held. Reddy & Reddy Law Firm provides its clients with clear, decisive and pragmatic advice in real estate matters from the beginning till the end. We seek to offer solutions to contentious property issues by giving hands-on advice and innovative solutions.

  • 2022-12-29T14:13:33

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