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ROSHAN DALVI
Sabita Mark Burges – Appellant
Versus
Mark Lionel Burges – Respondent


Counsel for the Parties:
For the Petitioner:Rohan Cama a/w Sapna Raichure, Advocates,
For the Respondent:P.S. Chavan, Advocate.

JUDGMENT

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










































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