The Hindu Adoptions and Maintenance Act grants a Hindu wife the right to reside in her matrimonial home even if she does not own it, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house. Even the deserted wife’s equity to reside in the matrimonial home and not to be dispossessed automatically from the same which was laid down by Lord Denning was also recognized. Thus, D.V. Act is enacted with a very laudable object of providing full protection to a deserted married woman in respect of her residence in the matrimonial home and not to be dispossessed or driven out therefrom.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.