Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | divorced wife Deserted |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu law: Deserted or divorced wife-right of-To retain occupation of matrimonial home-Tenanted premises-Taken by husband-premises left by husband leaving behind deserted wife-Eviction suit-Right of deserted wife to contest the suit-Decree of divorce during pendency of the suit-Held: Deserted wife has right to remain in occupation of the matrimonial home and can continue to stay exercising her right to residence as a part of right to maintenance-Such right comes to an end upon decree of divorce as wife loses the status of wife-However, right of divorced wife would depend on the terms and conditions of the decree of divorce-Deserted wife can contest the suit for eviction before the decree is passed if the tenant (husband) gives up the contest or not interested in contesting-Scope and ambit of the contest or defence by the wife would not be on a higher or larger footing than that of the tenant-In the present case wife rightly allowed to contest the suit-But after dissolution of marriage and in absence of terms and conditions of decree of divorce as to whether she was entitled to continue in the premises by virtue of obligation of husband to provide residence for her as a part of maintenance cannot defend the suit thereafter-Karnataka Rent Control Act, 1961-Section 21(1)(a) and (h)-Hindu Adoption and Maintenance Act, 1954-Section 18- Hindu Marriage Act, 1955-Sections 25 and 27. Respondent No. 2 had taken the premises in dispute on rent and used to live therein alongwith his appellant-wife. Due to estranged relationship he deserted his wife leaving her behind in the tenanted premises. Landlord initiated eviction proceedings against respondent No. 2 u/s.21(1)(a) and (h) of Karnataka Rent Control Act, 1961 alleging that he was in arrears of rent and that they needed the rented premises bonafide for their own occupation. Since Respondent No. 2 did not contest the suit seriously, appellant-wife filed an application seeking her impleadment in the proceedings which was rejected by trial Court. In Revision Petition, High Court permitted her to be brought on record subject to her depositing a sum towards payment of arrears of rent. Trial Court passed order for partial eviction holding that case for eviction u/s. 21(1)(a) was not made out. In Revision Petition by landlord, High Court set aside the order of partial eviction, rejecting the ground of eviction u/s. 21(1)(h) and ordered eviction u/s. 21(1)(a) holding that there was no relationship of landlord and tenant between the landlord and the appellant; that provisions of Section 21(2) having not been complied with, tenant was liable to be evicted u/s.21(1)(a). |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 73 |
Petitioner | B.p. Achala Anand |
Respondent | S. Appi Reddy And Anr. |
SCR | [2005] 2 S.C.R. 3 |
Judgement Date | 2005-02-11 |
Case Number | 4250 |
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