WHEN DO WIFE’S RIGHTS APPLY?

Before Judgment vs After Final Judgment (India)

1️. RIGHT TO SHARED HOUSEHOLD

(Domestic Violence Act, 2005)

Sections:

• Section 17 – Right to reside in shared household
• Section 19 – Residence order

WHEN APPLICABLE?

✔️ Immediately after filing DV complaint
✔️ Even at interim stage (before final judgment)
✔️ Continues until legally barred

🚫 DOES NOT REQUIRE:

• Divorce decree
• Final judgment
• Proof beyond reasonable doubt

Case Law:

• S.R. Batra v. Taruna Batra (2007) – earlier narrow view
• Satish Chander Ahuja v. Sneha Ahuja (2020) – settled law

Wife can claim residence even in property not owned by husband.

Important:
Even after divorce, if DV proceedings are pending, residence right can continue.

2️. MAINTENANCE (MONTHLY SUPPORT)

A) Section 125 CrPC

WHEN APPLICABLE?

✔️ Interim maintenance – during pendency
✔️ Final maintenance – after final order
✔️ Arrears – recoverable

Case Law:

• Bhuwan Mohan Singh v. Meena (2015)

Delay defeats purpose of maintenance.

B) Hindu Marriage Act (Sections 24 & 25)

Section 25 survives even after divorce.

3️. RETURN OF STRIDHAN

Sections:

• Section 406 IPC / BNS 316
• Section 14 Hindu Succession Act
• DV Act – Section 19(8), 20

WHEN APPLICABLE?

✔️ Immediately on demand
✔️ Before judgment
✔️ Even after divorce

Case Law:

• Pratibha Rani v. Suraj Kumar

Stridhan is wife’s absolute property; husband is trustee.

No need to wait for final judgment.
Non-return = continuing offence.

4️. PROTECTION ORDER (NO VIOLENCE / CONTACT)
Section 18 – DV Act
WHEN APPLICABLE?

✔️ At interim stage
✔️ Before evidence
✔️ Before final order

5️. CHILD MAINTENANCE & CUSTODY

Section 125 CrPC

Guardians & Wards Act

WHEN APPLICABLE?

✔️ Immediately after filing
✔️ Interim custody possible
✔️ Continues after divorce

Child’s right is independent of marriage status.

6️. RIGHTS AFTER FINAL JUDGMENT / DIVORCE

7️. COMMON MISCONCEPTION ❌

❌ “Wife gets rights only after final judgment”
✔️ Wrong

✔️ Most reliefs are interim & preventive, not punitive.

8️. COURT’S BALANCING PRINCIPLE

Courts grant interim relief when:

• Prima facie case exists
• Urgent protection needed
• Delay would cause hardship

Supreme Court:

• Rajnesh v. Neha (2020)

Interim relief is essential to prevent misuse by delay.

QUICK ONE-LINE ANSWER

Rights like shared household, interim maintenance, protection orders, and return of Stridhan are enforceable during pendency of proceedings, whereas permanent alimony and final custody flow after final judgment, subject to court orders.