Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Housing and Area Development Act 1976 Family property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Housing and Area Development Act, 1976 (28 of 1976) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Housing and Area Development Act, 1976 – ss.2(25), 79, 95A and 177 – Family property of respondent no.8- husband was redeveloped – During redevelopment, occupants thereof shifted to temporary accommodation as required, appellant-wife did not – She shifted on the order of High Court passed in matrimonial proceeding pending between the parties – In parallel developments pertaining thereto, the decree of judicial separation granted to respondent no.8 was set aside – Plea for divorce, dismissed – Appellant filed writ petition inter alia for directions to MHADA to rehouse her in the two flats allocated to respondent no.8 and his family in the redeveloped building, which as per her is her matrimonial home – Dismissed – Held: When a builder has discharged his obligation by accommodating the original owners in the redeveloped portion as per such a scheme, a lady married into that family is not entitled to invoke the writ jurisdiction of High Court to enforce her right to matrimonial home on the basis of said statute, if her husband does not permit her to reside in the allocated portion – Though appellant was dishoused as an occupier applying the provisions of 1976 Act, claim of her rehousing is based on her status as respondent no.8’s wife – As of now, the decree of judicial separation stands invalidated and she is the legally wedded wife of respondent no.8 – However, the original building that constituted her matrimonial home has been demolished and large portions of the redeveloped building on the same plot has been parted with – Traditionally, her matrimonial home at present would be the premises in which her husband i s residing – Judicial forum having fact- finding jurisdiction would be the proper forum for adjudicating claim of this nature – Further, respondent no.8 and the builder uniformly stated that a flat in the same building is available to accommodate the appellant – Dispute pending for very long, directions issued u/Art.142 – Protection of Women from Domestic Violence Act, 2005 – Hindu Adoption and Maintenance Act, 1956. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2020 INSC 369 |
Petitioner | Aishwarya Atul Pusalkar |
Respondent | Maharashtra Housing & Area Development Authority & Ors. |
SCR | [2020] 6 S.C.R. 342 |
Judgement Date | 2020-04-27 |
Case Number | 7231 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |