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2025 Supreme(Online)(Mad) 62819

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
R.Keerthi – Appellant
Versus
R.Premalatha – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Krishnasamy
For the Respondents: Mr.R.Barnabas

ORDER

Heard Mr.S.Krishnasamy, learned counsel for the petitioner/husband and Mr.R.Barnabas, learned counsel for the respondent/wife.

2. Pending divorce proceedings initiated by the husband in O.P.No.555 of 2024 before the VII Additional Principal Judge, Family Court, Chennai, the respondent/wife filed an application under Section 26 of Protection of Women from Domestic Violence Act, 2005 for providing a residence for the respondent.

3. The Family Court, in and by order dated 18.01.2025, allowed the application finding that revision petitioner has not paid any amount for the maintenance of the wife and the child and since Section 17 of the Act provides for a right to reside in the shared household, whether or not the wife has any right, title or beneficial interest in the same, the Family Court proceeded to allow the application. The prayer in said I.A.No.3 of 2024 was only for shared household at Ambattur, Chennai. The said order was challenged before this Court by the revision petitioner and at the time of admission, after posting the matter for orders in the presence of the respondent, this Court noted that the conduct of the wife is not bonafide and after the husband has taken

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