Husband can be restrained from entering Matrimonial Home
Thereafter the husband, who is a Seaman, has made an application for entering upon the matrimonial home which he had admittedly left in January, 2009 after the parties had certain disputes. The wife claims that the disputes were due to the husband's physical violence amongst other disputes. The
husband has disputed the violence, but not the disputes. He has in turn alleged violence at the hands of the wife including "with
knives".
10. It is common observance that the applications for grant of injunction in respect of the residence and possession of the respondent is essentially seen by Courts upon the proprietary
rights of the parties. Since in most cases wives do not own
matrimonial homes, they are statutorily given rights therein which were not given to them by Courts under the principles of
common law so that they have a right to peaceful enjoyment of their matrimonial home. Section 19 of the D.V Act came to be enacted in the first place granting essentially the wives/women
peace against domestic violence in their residence, their title
notwithstanding. This statutory grant is upon the sublime principle of human rights prevailing over proprietory rights.
Bombay High Court
Sabita Mark Burges vs C on 3 May, 2013
Bench: R. S. Dalvi
https://www.lawweb.in/2013/08/husband-can-be-restrained-from-entering.html
