Bombay High Court

Bombay HC: Surekha's Right to Stay in Shared Home Restored After Sale Dispute

Updated
Feb 26, 2026 3:27 PM
bombay-hc-surekhas-right-to-stay-in-shared-home-restored-after-sale-dispute

In a recent twist in the Bombay High Court at Aurangabad, Surekha Kumbhar is fighting for her right to stay in her shared home. The court has been busy with back-and-forth arguments, and here’s how it all unfolded.

Surekha's Plea for Residence

Surekha Kumbhar, a 35-year-old from Pachora, Jalgaon, filed a request under the Protection of Women from Domestic Violence Act. She wanted to secure her right to live in her shared home with her husband, Keshav Kumbhar, who lives in Parola, Jalgaon. The initial request was filed on October 9, 2024, but faced problems when Keshav sold the house to his nephew, Yogesh, on November 21, 2024.

The Legal Rollercoaster

Surekha tried to change her application to include Yogesh in the case. On June 12, 2025, the local judge at Pachora allowed this change. However, Keshav disagreed and, on December 3, 2025, the higher court in Jalgaon canceled this decision. Judge Mehroz K. Pathan was in charge of this case.

Surekha's Argument

Surekha's lawyer, Mr. Swapnil Patil, argued that the change was necessary for her to fully explain her case. He said, "The change does not alter the main complaint, just adds important details." The disagreement over the change was seen as unnecessary, as decisions like this are usually not meant to be challenged.

Keshav's Counter

Keshav’s side argued that Surekha's changes were not just minor but major, as they involved property issues. They claimed that the Domestic Violence Act was not the right place for such property matters.

Court's Verdict

In the end, the court sided with Surekha. On February 26, 2026, the High Court canceled the higher court's decision, bringing back the original order from June 12, 2025. Surekha was given 14 days to change her petition, and the trial court was asked to speed up the case.

What’s Next?

The case is set to continue with the changes, and Surekha hopes to secure her right to stay in her home. The legal journey continues, but this round goes to Surekha.

"The court has recognized the importance of allowing Surekha to present her full case," said her lawyer, reflecting on the decision.

Surekha’s fight is a testament to the complexities of domestic disputes and the legal paths available to those seeking justice.

Tags:
Protection of Women from Domestic Violence Act
Family Law
Property Rights