Back
ROSHAN DALVI
Sabita Mark Burges – Appellant
Versus
Mark Lionel Burges – Respondent
Roshan Dalvi, J.— Rule, made returnable forthwith. The petitioner wife has challenged the order of the Judge, Family Court No.3, Bandra, Mumbai dated 14th March, 2013 allowing the application of the respondent husband to use and occupy one bedroom and to allow him to use facilities like kitchen, hall, w.c. and bathroom in flat Nos. B-101 and 102, Wilfred Apartments Co-operative Housing Society Ltd., Plot No.112, St. Leo Road, Bandra (W), Mumbai-400050. The petitioner has not challenged the order of prohibitory injunction restraining her from selling, disposing off, transferring, letting out, alienating in any manner, the above mentioned matrimonial house and also restraining her from selling or disposing off or part with the articles existing in the house property.
2. In this writ petition the Court is only called upon to see whether an estranged husband who is prima facie shown to be violent can be allowed into the matrimonial home where the wife resides with her children.
3. The concept of a battered wife’s right of protection against violence has been considered in common law in England just as the concept of a deserted wife’s equity was. In common law a battered wife ha
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
