Supreme Court · 2005 INSC 73 · Decided 11 February 2005
B.P. Achala Anand v. S. Appi Reddy and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 73 · [2005] 2 S.C.R. 3
- Case number
- CIVIL APPEAL No. 4250/2000
- Decided
- 11 February 2005
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Marriage Act Section 25, 27; Rent Control Act
Headnote
Hindu law: A B, Deserted or divorced wife-right of-To retain occupation of matrimonial C home-Tenanted premises-Taken by husband-premises left by husband leaving behind deserted wife-Eviction suit-Right of deserted wife to contest the suit-Decree of divorce during pendency of the suit-Held: can continue to stay exercising her right to residence as a part of right to maintenance- D Such right comes to an end upon decree of divorce as wife loses the status of wife-However, right of divorced wife would depend on the terms and conditions of the decree of divorce-Deserted wife can
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