Domestic violence case lawyer

Srinwati Mukherji v State of Maharashtra and Ors. 

WRIT PETITION NO. 424 OF 2025

The Bombay High Court recently held that a flat/property still under construction and not in the possession of either of the spouses cannot be considered a "shared household" under the Protection of Women from Domestic Violence Act, 2005.

Hence, a husband cannot be compelled to pay installments for such a flat jointly booked by both spouses, the Court said.

Justice Manjusha Deshpande was dealing with a plea filed by a woman seeking directions to her estranged husband to pay the pending installments for the flat. However, the Court found that the property lacked the essential elements required to invoke the protection under the Act.

It observed that the statutory protection against dispossession under the DV Act is meant to apply only to premises that are both in existence and capable of occupation.

“The prayer made by the Petitioner would not be maintainable since the property/flat, is still under construction and not in possession of either of the parties, therefore, it would not fall within the purview of “Shared Household”, as defined under Section 2(s) of the DV Act,” the single-judge ruled.

Domestic violence case lawyer in East Delhi India

Top matrimonial dispute case lawyer in Delhi India

Best lawyer in karkardooma Court east Delhi India

Mutual consent divorce lawyer

Maintenance case lawyer in East Delhi India

Transfer petition case lawyer in Delhi supreme Court of India