In a significant ruling, the Bombay High Court has held that a husband cannot be compelled to pay EMIs for an under-construction flat jointly owned with his estranged wife under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Court observed that such a property does not fall within the definition of a “shared household” since it was never occupied by either party.
Justice Manjusha Deshpande, presiding over the case, noted:
“In the present case, the possession of the alleged ‘shared household’ is not yet handed over, the instalments are still not fully paid. In the circumstances, it would be stretching it too far to direct the husband to pay the remaining instalments or direct the employer to deduct the instalments from his salary and pay it to the bank.”
The wife had approached the Court challenging earlier orders by the Magistrate and the Sessions Court, which had declined to direct her husband to continue paying EMIs for the Malad-based flat. She claimed the property was a “shared household” and thus fell under the protective ambit of the DV Act.
However, the Court disagreed, clarifying that while the Act ensures protection and financial support for victims of domestic violence—particularly the right to reside in a shared household or seek alternate accommodation—this does not extend to under-construction properties not in possession of either party.
“The prayer made by the Petitioner would not be maintainable since the property/flat is still under construction and not in possession of either of the parties, therefore, it would not fall within the purview of ‘shared household’, as defined under Section 2(s) of the DV Act,” the Court ruled.
Justice Deshpande emphasized that Section 19 of the DV Act provides reliefs such as residence orders and rent for alternate housing, but the kind of relief sought by the wife “does not fit under any of the reliefs provided under Section 19.”
Accordingly, the Court dismissed the wife’s plea, upholding the concurrent findings of the Magistrate and the Sessions Court.
Case: Srinwati Mukherji vs State of Maharashtra & Ors. – Available on LAWFYI.IO
