SANDIPKUMAR C. MORE
Umakant Havgirao Bondre – Appellant
Versus
Sakshi @ Sonali W/o. Suraj Bondre – Respondent
Based on the provided legal document, the key legal principles and conclusions are as follows:
A divorced woman cannot claim a residence order or enforce an earlier residence order under the Domestic Violence Act after her marriage has been legally dissolved and she has left the shared household prior to the divorce (!) (!) (!) .
The right to reside in a shared household under the Domestic Violence Act is specifically conferred only to women who are in a domestic relationship, i.e., while the marriage subsists. Once the marriage is legally dissolved, the woman generally loses the right to reside in the shared household unless she is still in possession of it at the time of the order (!) (!) (!) .
Even if a woman was residing in the shared household at the time of the order, if she has separated from her spouse long before the divorce decree, she cannot invoke the residence order as a right to continue residing there after the marriage has been dissolved (!) (!) (!) .
The orders under the Domestic Violence Act granting residence rights are subject to change if there are changed circumstances, such as the dissolution of marriage. Orders directing the respondent to provide accommodation in the shared household are not sustainable once the marriage is legally dissolved and the woman has left the shared household long prior to the divorce (!) (!) (!) .
The court emphasized that the primary consideration is whether the woman is still in a domestic relationship with the respondent at the time of the order. If the marriage has ended and she has been separated for a significant period, she cannot claim the benefit of the residence order based on her previous status (!) (!) (!) .
The court clarified that the woman, even if she is a divorced wife, may seek alternative remedies such as claiming rent for her accommodation from her former spouse, rather than enforcing a residence order that is no longer applicable (!) .
In summary, the legal position articulated in this judgment is that a divorced woman who has been separated from her husband for a considerable period and especially after the marriage has been legally dissolved cannot claim or enforce a residence order under the Domestic Violence Act. The Orders passed in her favor under the Act are not applicable once the marriage has been legally terminated and she has left the shared household prior to the divorce.
JUDGMENT :
1. The applicants in both these proceedings are the parents of respondent No.2 Suraj Umakant Bondre and in-laws of respondent No.1 Sakshi @ Sonali Suraj Bondre (hereinafter referred to as “Sakshi”). The marriage of respondents was solemnized on 10.06.2015, however, dispute arose between them and from 17.04.2016 respondent No.1 Sakshi started residing at her maternal house. The applicants in Criminal Revision Application No.59 of 2018 have challenged order dated 12.02.2018 passed by the Additional Sessions Judge, Udgir whereby Sakshi was permitted to occupy the shared household bearing No. 3-1- 862/1/3-1-930 which is admittedly standing in the name of present applicant No.1 Umakant Bondre. The applicants have also challenged the order passed by learned Judicial Magistrate, First Class (Court No.3), Udgir on 23.10.2021 in Misc. Civil Application No. 91/2017 below exh.39 whereby the learned Magistrate directed the present applicants and her husband i.e. present respondent No.2 to give possession of one room on the ground floor with facility of attached WC, toilet and electricity from the aforesaid shared household.
2. Learned Counsel for the applicants in both these applicat
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