[Breaking] Wife cannot evict her husband from matrimonial home

Family court on Mumbai, while considering a wife’s interim application to evict her husband from the apartment where both of them were living along with their child, on the ground that, she pays the equated monthly instalments (EMI) to repay the load, held that;

if both contribute to the household, either this way or that way, a particular spouse cannot claim exclusive right, ownership or title in the household property, merely because either the property stands in her name or she has contributed financially“.

It was a case where, the wife prayed for an interim relief asking the husband to vacate the house on following grounds. Wife contented that, she is paying the EMI and she further alleged that, she is also a victim of cruelty. However, the respondent husband pleaded that, though wife pays the EMI, he spend around Rs. 90000/- per month towards the family expenses.

Court however, after considering the arguments from both the side, referred to a Bombay high court judgment, which observed that if a husband shows negative treatment like disturbing the matrimonial life and jeopardizing the safety and security of the spouse and children, then such an interim injunction could be granted. “No such contention is raised in this application. On the contrary, the grounds mentioned show that this is the normal bickering which occurs in an ill-tuned family“.

Court further observed that, husband’s absent-mindedness of not removing the key from the keyhole while entering the house would be an unintended nuisance to the wife, but it couldn’t be a ground for throwing him out of the house and not giving bath to a daughter cannot be a ground for the wife for excluding the husband from a property.

Court, however while rejecting the interim application of the wife advised the parents to keep peace for the child’s sake until the petition is decided.

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