Roma Rajesh Tiwari vs Rajesh Dinanath Tiwari on 12 October, 2017
In Roma Rajesh Tiwari v. Rajesh Dinanath Tiwari, [Writ Pet.
No.10696 of 2017 decided on 12th October, 2017], again the Bombay High
Court held that the title or right in property is not of relevance in the DV Act
as the wife‟s right to reside in the matrimonial home cannot be defeated if
the same does not belong to the husband. It further held once it is a „shared
household‟ and they were in a matrimonial relationship, the wife gets a right
to reside. The Bombay High Court held that the shifting of the son from the
residence was a ploy. The house where the daughter-in-law resides would
have to be considered as matrimonial home or „shared household‟ under
Section 2(s) of the DV Act. The Court observed as under: