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COMPARATIVE FAMILY LAW IN INDIA AND THE UK: THE PWDVA (2005) AND FAMILY LAW ACT (1996)
In 2005, the Indian Parliament passed the Protection of Women from Domestic Violence Act (PWDVA). This Act, as the preamble states, is aimed at protecting the rights of women who are victims of violence within the family. The consequent litigation has raised some interesting questions about the rights and obligations of spouses with regard to the matrimonial home. These questions focus on the rights of the non-owning spouse with respect to third parties, the jurisdiction (or lack thereof) of Family Courts, and the scope of terms such as “shared household” and “matrimonial home.” Furthermore, the litigation has revealed various gaps in the Act, and brought to light a number of contesting interpretations of various provisions. > READ MORE...
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