In a family argument about who gets to live where, the Bombay High Court decided that Mohini, who is the widow of Mukesh Chauhan, and her son can live on the first floor of a family house. This changes an earlier decision that only let them stay on the ground floor.
Ashish Chauhan, who brought the case to court, disagreed with an earlier decision that let Mohini and her son live in the family home. Mohini is the widow of Mukesh, Ashish's brother. After Mukesh died in 2008, Mohini wanted to live in the family house, but Ashish didn't agree.
The family home was divided by a will from Ashish's mother, which gave the ground floor to Ashish and the first floor to Mukesh. Mohini said she lived there with her husband until 2004, but Ashish said they never lived there together.
Mohini went to court under the Protection of Women from Domestic Violence Act, saying she has the right to live in the family home. She said that Ashish's refusal was a form of economic abuse.
"Economic abuse means not giving someone financial support and taking away their property rights," the court explained.
Judge Urmila Joshi-Phalke decided that Mohini and her son have the right to live on the first floor, according to the will. The court stressed that the law is meant to protect women's rights in family situations.
"The right to live in a family home is not limited to where someone is currently living," the judge noted.
The court's decision supports Mohini's claim to her late husband's part of the family home, ensuring her right to live there under the domestic violence laws that protect women's rights to shared household properties.
