Civil Appeal No. 7231 of 2012
Section 79 and 177 of Maharashtra Housing and Area Development 1976 Act, Hindu Adoption and Maintenance Act, 1956 Section 18.
In the original petition the appellant wanted to reside in her matrimonial home and she was subjected to the Domestic Violence. The redevelopment has taken place in there house under Section 79 of the Act of 1976 which deals with the provisions for rehabilitation of dishonoured occupiers. Appellant stated that Section 177 of the 1976, Civil Court won’t be adjudicated with the dispute arising out of the said Act. Dispute raised by her does not arise out of any provision of the Act 1976 of the Act. Even though she was disowned as an occupier, applying the provisions of the Act, claim of her rehousing is based on her status of wife of the respondent. Such claim to be adjudicated upon Civil or Family Court. Such right cannot be diffused with the right of her husband in family property of whose part is on the name of husband.
There should be no compulsion on the Wife to live separately and not with her matrimonial home without any judicial order.
Article 48A, 51A (g), Section 24 of Water (Prevention and Control of Pollution) Act, 1974