SABITA MARK BURGES Vs. MARK LIONEL BURGES

JUDGEMENT

(1.) Rule. Made returnable forthwith. The petitioner wife has challenged the order of the Judge, Family Court No.3, Bandra, Mumbai dated 14th March, 2013 allowing the application of the respondent husband to use and occupy one bedroom and to allow him to use facilities like kitchen, hall, w.c and bathroom in flat Nos. B101 and 102, Wilfred Apartments Cooperative Housing Society Ltd., Plot No.112, St. Leo Road, Bandra(W), Mumbai400 050. The petitioner has not challenged the order of prohibitory injunction restraining her from selling, disposing off, transferring, letting out, alienating in any manner, the above mentioned matrimonial house and also restraining her from selling or disposing off or part with the articles existing in the house property.

(2.) In this writ petition the Court is only called upon to see whether an estranged husband who is prima facie shown to be violent can be allowed into the matrimonial home where the wife resides with her children.

(3.) The concept of a "battered wife's right of protection against violence" has been considered in common law in England just as the concept of a "deserted wife's' equity" was. In common law a battered wife had a right to be protected from the physical violence of her husband. She would be entitled to a right of injunction for her protection in her matrimonial home.