Husband To Vacate His Own Home During Pendency Of Divorce Case

The Supreme Court, in Samir Vidyasagar Bhardwaj vs Nandita Samir Bhardwaj, has upheld an interim order by a family court in Maharashtra, which directed a husband to remove himself from his own home and not to visit there until the divorce petition under challenge is finally decided.

The apex court, on an appeal by the husband, observed that Section 19(1)(b) of the Protection of Women Domestic Violence Act provides that the court may direct the husband to remove himself from the shared household.

Article referred: http://www.livelaw.in/sc-upholds-family-court-order-asking-husband-vacate-home-pendency-divorce-case/

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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