Ashish Chandrakant Chauhan v. Mohini Mukesh Chauhan & Anr., 2025
The judgment highlights that economic abuse, such as denial of shelter, can be as damaging as physical abuse and must be remedied by law.
Judgement Details
Court
Bombay High Court
Date of Decision
24 September 2025
Judges
Justice Urmila Joshi-Phalke
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
- The respondent (Mohini) is the widow of the applicant’s brother and had previously lived in the shared household with her husband until 2004.
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After her husband’s death in 2008, she attempted to re-enter the home but was denied entry by her brother-in-law (the applicant).
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The applicant opposed her claim stating:
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Mohini had not lived in the house since 2004.
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The Domestic Violence Act came into force only in 2005, hence, not applicable.
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A divorce deed had allegedly been executed between Mohini and her late husband.
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Issues
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Whether denying residence in the shared household constitutes domestic violence under the 2005 Act?
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Whether the right to reside under Section 17 applies regardless of ownership, title, or the timing of residence?
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Whether past cohabitation qualifies as a "domestic relationship" for claiming relief under the Act?
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Whether the alleged divorce deed was legally valid?
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Whether economic abuse includes the act of preventing a woman’s access to her shelter?
Held
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A woman’s right to reside in the shared household is protected, even if she is not the owner or title-holder of the property.
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Past residence with the husband is enough to establish a domestic relationship under the Act.
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The denial of shelter amounts to economic abuse, which falls within the scope of domestic violence.
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Unilateral divorce deeds are not legally valid; only a court can dissolve a Hindu marriage under the law.
Analysis
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The ruling widens the protective scope of the Domestic Violence Act by recognizing past cohabitation as a valid ground for relief.
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It reaffirms that property rights are not a prerequisite for claiming shelter or residence under the Act.
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The Court liberally interpreted Sections 2(f) and 17, ensuring the Act fulfills its social welfare objective.
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The judgment highlights that economic abuse, such as denial of shelter, can be as damaging as physical abuse and must be remedied by law.
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It also clarifies that mutual agreements or private deeds of divorce hold no legal value unless ratified by a competent court.
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The decision strengthens the residential rights of widowed or separated women, particularly in cases where they may be harassed or excluded by in-laws.