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BOMBAY HIGH COURT: WOMAN HAS RIGHT TO RESIDENCE IN MATRIMONIAL HOME, IRRESPECTIVE OF WHETHER SHE HAS ANY PROPRIETARY RIGHT

Allowing a petition filed against an order of the family court, the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household irrespective of whether she has any right, title or interest in the said household or not. The High Court referred to Section 19 of the Protection of Women from Domestic Violence Act (DV Act) which provides for ‘Residence Orders’.