Husband Cannot be Held Liable Under the DV Act to Pay Instalments For Under Construction Flats: Bombay HC

Husband Cannot be Held Liable Under the DV Act to Pay Instalments For Under Construction Flats: Bombay HC

  • Case Name: Srinwati Mukherji v State of Maharashtra and Ors.

The Bombay High Court ruled that a husband cannot be held liable under the Protection of Women from Domestic Violence Act (DV Act) to pay instalments on an under‑construction flat jointly booked by both spouses.

The Court ruled that financial obligations arising from property purchases are contractual and not “domestic” in nature and thus fall outside the scope of the DV Act.

While reaffirming the DV Act’s broad protection for women in shared households, the Court clarified it does not apply to properties not yet habitable.

The Court highlighted that the Act focuses on protection from violence and abuse, not enforcement of financial or property agreements between spouses.

Read Judgement / 5 months ago

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