In Brief
A woman sought to enforce her right to reside in her matrimonial home (two flats in a redeveloped building in Mumbai) after being displaced during statutory redevelopment of the property. The property, owned by her husband's family, was reconstructed under the Maharashtra Housing and Area Development Act. Her husband refused to allow her to occupy the allocated flats. The Supreme Court held that while a wife has a legitimate right to reside in her matrimonial home grounded in family law (not the housing statute), this right cannot be enforced through writ jurisdiction. The Court directed that the wife could occupy flat no. 101 if both parties agreed, while preserving her right to seek appropriate relief from a competent family or civil court regarding her matrimonial home claim. The husband must continue paying rent for her current accommodation for eight months unless she relocates. No costs awarded."
The lawyer headnote and full judgment text are available to registered users.