2011 AIR CC 541 (BOM) ::2011 (1) AIR Bom R 203 ::(2011) 1 AllMR 841 (BOM) ::AIR 2011 (NOC) (SUPP.) 1083 (BOM.) ::(2011) 1 Bom CR 788 ::2011 (3) KLT SN 11 (BOM) ::(2011) 1 Mah LJ 427 ::(2011) 3 CurCC 138 ::2011 (72) ACC (NOC) 76 (BOM) ::(2011) 99 AllIndCas 697 (BOM)

Bombay High Court

Hon'ble Judge(s): Smt. Roshan Dalvi , J

(A) Protection of Women from Domestic Violence Act, 2005 S. 3, 18, 19 — Family Courts Act (66 of 1984), Ss 9, 19 — Residence order — Wife separated from husband was in possession of shared residence which was her matrimonial home — Wife had to share residence along with her alcoholic husband and his second wife — Such act falls within definition of domestic violence — Wife entitled to separate residence — Husband offering her other two flats in same building or their previous matrimonial home — Wife would be entitled to reside peacefully in separate residence to the exclusion of husband, his servants and agents — However wife would not be entitled to insist upon residing in the shared household only by seeking injunction against husband restraining him from entering into said shared matrimonial home (Para 30,33)