►अपनी क़ानूनी समस्या को 1 कॉल पर अभी सॉल्व करे (Legal Opinion)
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►Description
JUDGEMENT LINK https://theleaflet.in/wpcontent/uplo...

00:00 Introduction
01:15 Facts of the landmark judgment
05:18 Section 17 of The Protection of Women from Domestic Violence Act, 2005
06:18 Final Judgment by High court
In this video, our legal expert Adv Naman Mohnot discussed the landmark judgment by the Bombay high court, Umakant Havgirao Bondre vs Sakshi, which was decided on 30092022. In this case, despite the divorce decree, the wife filed an application in the pending proceedings under The Protection of Women from Domestic Violence Act, 2005, and prayed for executing the 2018 order to provide her accommodation in the shared household. The judge, in this case, relied upon the judgment of the Kerala High Court in Ramachandra Warrior versus Jayashree & Anr. (2021) and observed that the wife is not entitled to claim a residence order after her subsequent divorce, and also because she had left the shared household long back prior to the pronouncement of her divorce decree. According to the judgment of this case, a woman is only granted the right to residence under Section 17 of the DV Act if she stays in the marital home she lived in with her husband before their divorce. Therefore, the wife is not entitled to the relief of restraining dispossession as she was not in possession of the shared household.
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