Legal Question in Family Law in India

about sole right to stay in matrimonial home

whether wife can claim sole right to stay in matrimonial home with claim of divorce and permenant alimony in civil court? if family court rejects her all claim and high court also upheld the dicision of family court but in appeal to supreme court whether court can award above claim under art 142 of const.


Asked on 1/20/07, 11:16 am

3 Answers from Attorneys

Re: about sole right to stay in matrimonial home

Both husband and wife have equal right in matrimonial house.Court can merely give her right to stay/live in matrimonial house if she does not have place to stay and can also grant her alimony but all things depends upon fact of the case and order may differ from case to case.The order of family court and HC are required to be examined for giving appropriate opinion.Supreme court has ample power U/Art.142.

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Answered on 1/20/07, 11:51 am
Prabhat Shroff Shroff & Company

Re: about sole right to stay in matrimonial home

Your question is vague and you have not given any facts. Please do so.

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Answered on 1/22/07, 12:01 am
Siddhartha Shah Siddhartha Shah & Associates.

Re: about sole right to stay in matrimonial home

As regards your query, every case differs from its facts and circumstances, Any proposition of law for the purposes of right and reasonable justice can be, if required tested. Only after learning the correct reasons of the trial courts and High Courts order one can decide the right legal recourse for its appeal compliances and its effects. Hope this should suffice your query in brief.

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Answered on 1/21/07, 7:11 am


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