203B-C]
2.1 Criminal law and matrimonial home are not
strangers. Crimes committed in matrimonial home are as much
punishable as anywhere else. The mere ... consequences of such
breach. Criminal law and matrimonial home are not strangers.
Crimes committed in matrimonial home are as much punishable
as anywhere else
matrimonial home and
ultimately on July 24/25, 1978 she and the children were
thrown out from the matrimonial home at duress ... peril of their lives. Accordingly, she was driven out from
the matrimonial home without getting an opportunity to take
with her Stridhana properties enumerated
occupy a dwelling house, which has
been the matrimonial home, was included in Matrimonial
Homes Act, 1967. Section 1(1) of the Act provides:-
“Protection ... occupy the dwelling
house.”
36. By subsequent enactment, Matrimonial Homes Act,
1983 although Matrimonial Homes Act, 1967 was repealed,
same protection was continued to occupy
wife-judicial separation-Desertion without just-
cause-offer to return to matrimonial home must be shown to
be bona fide-Petition for judicial separation-Burden ... attempt on the respondent's part to return to
the matrimonial home and that the petitioner did not by his
or her action
left her matrimonial
home on her own and that she was not compelled by the
appellant to leave her matrimonial home, nor had he
threatened ... matrimonial home without any effort for
reconciliation, was also significant. The learned Magistrate
therefore held that the respondent having left her
matrimonial home without
Batra shifted to Ghaziabad that would not
make the Ghaziabad home the matrimonial home of Smt Taruna Batra. On
this reasoning, the learned single Judge ... England the rights of
the spouses to the matrimonial home are governed by the Matrimonial
Homes Act, 1967, no such right existed in India
been caused to her at the parental home
after she had left the matrimonial home. It is in these circumstances that the view
had been ... meaning of Section 498A at the
parental home. The consequences of the cruelty committed at the matrimonial
home results in repeated offences being committed
year 1983 H.S. Anand deserted his wife Smt. Achala. The
matrimonial home was a tenanted premises owned by
respondent No.1. H.S. Anand ... thrown away from the tenanted premises which
happened to be the matrimonial home. Briefly stating these
facts, the appellant moved an application under Order
demonstrate readiness and
willingness to discharge continuing obligation to return to matrimonial home taken
together were sufficient to establish animus deserendi, necessary to prove legal ... number of times tried to get the respondent to her matrimonial
home but of no avail. It was further submitted that the High Court
allegations made by the appellant
that she had voluntarily left her matrimonial home for staying
with her parents. While admitting that she had gone ... matrimonial union to
an end.
In ordinary desertion the factum is
simple; it is the act of the absconding party in
leaving the matrimonial home
