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Supreme Court of India 2017-05-09 dismissed

Samir Vidyasagar Bhardwaj vs Nandita Samir Bhardwaj

Bench: 2 — R. Banumathi

In Brief

A husband challenged an interim order requiring him to vacate the shared matrimonial home (of which he was a co-owner) in a divorce petition based on cruelty. The wife and their adult daughters alleged domestic violence. The Supreme Court dismissed the appeal, holding that the Family Court had properly exercised its discretion under the Protection of Women from Domestic Violence Act to grant the removal order where prima facie evidence of domestic violence existed on record. At the interlocutory stage, the Court declined to interfere, emphasizing no opinion was expressed on the merits of the divorce petition, and directing the Family Court to expedite final disposal uninfluenced by either court's findings.

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Family Law Matrimonial Disputes Domestic Violence Special Marriage Act Interim Relief Property Rights

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